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^naMb^AaUCEM 



THE 

CONSTITUTIONS 



OF THE 



STATES AT WAR 



1914-1918 



EDITED BY 

HERBERT F. WRIGHT 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1919 



THE 

CONSTITUTIONS 



OF THE 



STATES AT WAR 



1914-1918 



S7* 



EDITED BY 

HERBERT F. WRIGHT 




WASIITNOTON 
GOVb^RNMENT PRINTING OFFICE 






OCT 






PREFACE. 

This collection of Constitutions comprises the Constitutions of 
only those States at war in 1914-1918 which were independent or 
quasi-independent (that is, under "the sphere of influence" of 
strictly sovereign States) prior to 1 August 1914. And among these 
States have been included not only those which formally declared 
war, but also those whose territory has been the scene of military 
operations, albeit against their will. 

In each case the constitutional document published is the most 
recent available one, whether it was framed or amended prior to the 
war or thereafter, provided, of course, that the war was not directly 
responsible for it. The documents for each State are preceded by a 
brief historical 77iise en scene. Original texts of documents appear 
only when drawn up in English; where the original is in some 
language other than English, it has been printed here in translation. 
Some of these translations have been based upon previously pub- 
lished translations; some are presented in English here for the first 
time. And, although due credit is given in the footnotes to the source 
from which the translation is derived, the editor has not hesitated 
to compare translations with the original texts and to freely re\ase 
them whenever necessary in the interest of greater clearness and 
uniformity of expression. Nor has he hesitated to modify or add 
footnotes, where such procedure seemed necessary or expedient for a 
proper understanding of the text. For all such revision he assumes 
full and sole responsibility. However, he must plead the lack of time 
and the unavailability of material as excuses for any unevenness in 
the matter of footnotes. 

An effort has been made to supply at least one reference in the 
fooi;notes to a French text or translation of each document, but where 
other sources have been immediately available in fairly accessible 
works, these likewise have been indicated. For this purpose, use has 
been made of collections of Constitutions rather than of individual 
prinvs or annotated texts, and the following works are the ones which 
have been most frequently used : 

Annuaire de legislation ctrangcre, vols. 1-44. 
BHtish and Foreign State Papers, vols. 1-108. 
Dareste, F. R., et p. Dap.este, Les Constitutions modernes (3(1 

edition, Paris, 1910), 2 vols. 
DoDD, W. F., Modern Constitutions (Chicago, 1909), 2 vols. 
PosENER, Paul, Die Staatsverfassnngen des Erdballs (Charlotten- 

burg, 1909). 
j^j Rodriguez, J. I., American Constitutions (Washington, 1906), 

j 2 vols. 

ni 



IV PREFACE. 

As bibliographies of texts and commentaries appear in Dareste's 
and Dodd's collections, it has not been deemed necessary to print such 
lists here. For the various treaties referred to in the prefatory his- 
torical notes the reader is referred to Tetot, Ribier and similar treaty 
catalogues. 

Finally, the editor wishes to express his great indebtedness and 
grateful appreciation to his friend and former colleague. Prof. 
Francis J. Hemelt, of the Catholic University of America, for the 
valuable cumulative and analytical index; to Miss Alice M. Ball 
and Miss Euth E. Stanton, for their invaluable assistance in matters 
of accuracy and nicety of translation as well as for their generous 
aid in expediting the work through the press; and to the Govern- 
ment Printing Office, for its prompt and whole-hearted cooperation 
from beginning to end. 

Herbert F. Wright. 

Washington, 28 March 1919. 



CONTENTS. 



Page. 

Albania: Historical note 1 

Austria-Hungary : 

1. The Dual Monarchy : Historical note 3 

Various fundamental laws 4 

2. Austria : Historical note 11 

Various fundamental laws 11 

3. Hungary : Historical note 25 

Various fundamental laws 26 

Belgivim: Historical note 43 

Constitution of 7 February 1831, with amendments of 7 September 1893_ 44 

Brazil: Historical note 01 

Constitution of 24 February 1891 61 

Bulgaria: Historical note 87 

Constitution of 16/28 April 1879, with amendments of 15/27 May 1893 

and 11/24 July 1!)11 88 

China: Historical note 105 

Provisional Constitution of 11 March 1912 106 

Costa Rica: Historical note 111 

Constitution of 8 June 1917 111 

Cuba: Historical note 151 

Constitution of 21 February 1901 152 

Appendix of 12 June 1901 173 

Egypt: Historical note 175 

Organic Law of 21 July 1913 175 

France: Historical note 191 

Various fundamental laws 193 

Germany: Historical note 217 

Constitution of IG April 1871 218 

Great Britain and Ireland: Historical note 230 

Various fundamental laws 240 

Greece: Historical note 261 

Constitution of 1/14 June 1911 . 262 

Guatemala: Historical note 279 

Constitution of 11 December 1879 279 

Haiti: Historical note 295 

Constitution of 12 June 1918 295 

Honduras: Historical note '- 315^ 

Constitution of 14 October 1894 315^ 

Italy: Historical note 337 

Fundamental Statute of 4 March 1848 337 

Law of Guarantees of 13 May 1871 347 

Japan: Historical note 351 

Constitution of 11 February 1889 351 

I/iberia: Historical note 359 

Constitution of 26 July 1847, as amended 7 May 1907 359 

V 



VI CONTElsTTS. 

Page. 

Liechtenstein: Historical note :j75 

Constitutiou of 26 September 1862 375 

Luxemburg: Historical note 39I 

Constitution of 17 October 1868 392 

Montenegro: Historical note 4O7 

Constitution of 6/19 December 1905 407 

Law of 28 August 1910 proclaiming Prince Nicholas Iving 429 

Nicaragua: Historical note 43t 

Constitution of 10 November 1911 43I 

Panama: Historical note 457 

Constitution of 13 Februarj- 1904 457 

Legislative Act of 14 March 1917 amending the Constitution 477 

Persia: Historical note 4S1 

Constitution of 30 December 1906 482 

Supplementary Constitutional Law of 7 October 1907 489 

Portugal: Historical note 499 

Constitution of 21 August 1911 499 

Roumania: Historical note 517 

Constitution of 30 .June/12 Julj^ 1866. as amended 13/25 October 1879 

and 8/20 June 1884 517 

Russia: Historical note 537 

Fundamental Laws of 23 April/6 May 1906 537 

San Marino: Historical note 549 

L;iw of 29 August 1907 ^ 549 

Serbia: Historical note 553 

Constitution of 5/18 June 1903 554 

Siam: Historical note 587 

Turkey: Historical note * 58& 

Constitution of 22 December 1876, as amended in 1909 590 

United States of America: Historical note 607 

Constitution of 17 September 1787 : 608 

Amendments to the Constitution of 17 September 1787 618 

Index 625 



THE CONSTITUTIONS 

OF 

THE STATES AT WAR 
1914-1918 



vn 



ALBANIA. 

The independence of Albania, a former province of Turkey, was 
proclaimed at Avlona on 28 November 1912,^ and a provisional gov- 
ernment was then formed under the leadership of Ismail Kemal Bey. 
On 20 December 1912, the London Conference of Ambassadors 
agreed that there should be an autonomous Albania- and later ap- 
proximately defined the frontiers of the new country. This Confer- 
ence also appointed Prince William of AYiecl sovereign {Hfp/'et), 
to be supported and advised by an International Commission of Con- 
trol of six members. Prince William, having accepted the crown of 
the new country from an Albanian deputation which offered it to 
him at Neuwied 21 February 1914, arrived at Durazzo on 7 March 
1914, but after the outbreak of the European War fled from the coun- 
try with most of the members of the Commission. An attempt made 
by Essad Pasha to set up a military form of government failed (5 
October 1914) and x\lbania fell into a state of anarchy. On 25 
December 1914, the Italians captured Avlona. Xo written Constitu- 
tion has yet been drafted.^ 

1 Annual Register, 1912, p. 356. 

2 Official statement issupd by the British Foreign Office and published in the London 
Times, 21 December 1912. 

^ These paragraphs are based upon The Statesman's Year-hook (1918) and W. M. 
Pktrovitch, Alhania, in Tlie Enci/elupitlia A)iicrieaiia, vol. i (New York, 1018), pp. :j24- 



AUSTRIA-HUNGARY. 

Austrirt-Himgary, which presents a peculiar condition of political 
organization, may perhaps be more conveniently treated nnder three 
headings: 1. The Dual Monarchy, 2. Austria, and 3. Hungary. 

1. THE DUAL MONARCHY. 

The unity of the Austro-Hungarian Monarchy had its origin in 
the Pragmatic Sanction of 19 April 1713, whose principal object 
was to outline the rules for succession to the throne of the Hiips- 
burgs, but the measure of Hungary's independence from Austrian 
control was a sourc^> of continual disturbance, and it was only in 
1867 that the establishment of the Dual Monarchy was made pos- 
sible by Austria's defeat at the hands of Prussia and its exclusion 
from Germany and Italy. This event brought about a more con- 
ciliatory policy toward Hungary's insistent demands for entire in- 
dependence in the management of its internal affairs, and on 17 
February 1867 the laws of 1848, which recognized Hungar}" as an 
independent monarchy joined w^ith Austria only by the bonds of a 
common ruler, were restored in force by imperial order. To the 
Hungarian Diet was left the final adoption of measures of com- 
promise with Austria. This question was covered by the Hungarian 
Law 12 of 1867 and the Austrian Law of 21 December 1867, both of 
which also made provision for ten-year treaties relating principally 
to a uniform customs tariff for the two countries, the monetary sys- 
tem and Hungai-y's quota of expenses of the joint Austro-Hungarian 
government. 

In 1878 wdien Bosnia and Herzegovina were taken from Turkey 
and placed under the control of Austria-Hungarj' in accordance with 
Article 25 of the Treaty of Berlin,^ identical laws were adopted in the 
two parts of the Empire for the administration of these territories, 
which were finally annexed by the Imperial Proclamation of 7 Oc- 
tober 1008.2 



1 French text in the British and Foreign State Papers, 69 : pp. 749-767 ; EngUsh 
translation in Edward Hertslet^ Map of Europe by Treaty, vol. iv (London, 1891), pp. 
2759-2790. 

2 These introductory paragraphs are based upon W. F. Dudd, Modern Constitutions 
(Chicago, 1909), vol. i, pp. 113-114, and F. R. Dareste et P. Dareste, Les Constitutions: 
modernes (3d edition, Paris, 1910), vol. i, pp. 391-.394. 



■4 CONSTITUTIONS OF THE STATES AT WAR. 

AUSTRIAN LAW OF 21 DECEMBER 1867.^ 
X(Aw Concerning the Affairs Common to All of the Countries 

or THE AuSTRIx^N MONARCHY, AND THE MaNNER OF MANAGING 

Them, Supplementary to the Constitutional Law on 
THE Representation of the Empire.^ 

Article 1. The following affairs are declared common to Austria 
•iind Hmigary : 

a. Foreign affairs, including diplomatic and commercial repre- 
sentation abroad, as well as measures relating to international trea- 
ties, reserving the right of the representative bodies of both parts 
of the Empire (Eeichsrat and Hungarian Diet) to approve such 
treaties, in so far as such approval is required by the Constitution.^ 

5. Military and naval affairs ; excluding the voting of contingents 
and legislation concerning the manner of performing military serv- 
ice, the provisions relative to the local disposition and maintenance 
of the army, the civil relations of persons belonging to the army, and 
their rights and duties in matters not pertaining to the military 
service. 

c. The finances, with reference to matters of common expense, 
especially the establishment of the budget and the examination of 
accounts. 

Art. 2. Besides these, the following affairs * shall not indeed be 
administered in common, but shall be regulated upon uniform prin- 
ciples to be agreed upon from time to time : 

1. Commercial affairs, especially customs legislation.^ 

2. Legislation concerning indirect taxes which stand in close 
Telation to industrial production. 

3. The establishment of a monetary s^'stem and monetary stand- 
•ards. 

4. Eegulations concerning railway lines which affect the interests 
•of both parts of the empire. 

5. The establishment of a system of defense. 

Art. 3. The expenses of affairs common to both Austria and Hun- 
gary shall be borne by the two parts of the Empire in a proportion 
to be fixed from time to time by an agreement between the two legis- 

1 Translation based upon Dodd, op. cU., pp. 114-122. German text in Paul Poseneh, 
Die Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 736-741. French trans- 
lation in DaekstEj op. cit., pp. 394-403. 

- The Hungarian Law 12 of 12 June 1867 contains provisions applicable to Hungary 
vrhich are practically identical with those of this law. On this account it is not thought 
necessary to give the text of the Hungarian law, although there are some contradictory 
dispositions in the two laws. A German translation of the Hungarian Law appears in 
PosENER, op. cit., pp. 741-752, and French translation in Dareste, op. cit., pp. 403-423. 

^ The attributions of the Minister of Foreign Affairs are fixed by the imperial decision 
of 12 April and 27 May 1852. 

■* Articles 52 et seq. of the Hungarian Law do not carry this obligation. 

° See DaeestEj op. cit., p. 395, note 3. 



AUSTRIA-HUNGARY: THE DUAL MONARCHY. S' 

lative bodies (Reichsnit and Diet), approved by the Emperor.* If 
an agreement can not be reached between the two representative 
bodies, the proportion shall be fixed by the Emperor, but for the 
term of one year only.^ The method of defraying its quota of the 
common expense shall belong exclusively to each of the parts of the 
Empire. - 

Nevertheless, joint loans may be made for affairs of common in- 
terest; in such a case all that relates to the negotiation of the loan, 
as Avell as the method of employing and repaying it, shall be de- 
termined in common.^ 

The decision as to whether a joint loan shall be made is reserved 
for legislation by each of the two parts of the Empire. 

Art. 4. The contribution towards the expense of the present public 
debt shall be determined by an agreement between the two parts of 
the Empire.* 

Art. 5. The administration of common affairs shall be conductedl 
by a joint responsible ministry, which is forbidden to direct at the 
same time the administration of the joint affairs and those of either 
part of the Empire. 

The regulation of the management, conduct, and internal organi- 
zation of the joint army shall belong exclusively to the Emperor. 

Art. 6. The legislative power ^ belonging to the legislative bodies 
of each of the two parts of the Empire (Reichsrat and Hungarian 
Diet) shall be exercised by them, in so far as it relates to joint af- 
fairs, by means of delegations. 

Art. 7. The delegation from the Reichsrat shall consist of 60 
members, of whom one third shall be taken from the House of 
Lords and two thirds from the House of Representatives,''' 

Art. 8. The House of Lords shall choose its 20 members of the 
delegation from among its own members by a majority vote. 

1 This phrase is omitted in the Hungarian Law (Article 21). 

-By Section 86 of tliis law agreement regarding the distrilintion of the expense of affairs 
administered in common is reached by means of deputations from the Austrian Reichsrat 
and the Hungarian Diet. Each deputation is composed of 15 members. By a law of 24 
December 1867 the ratio was fixed for 10 years as 70 per cent for Austria and 30 per 
cent for Hungary. New ten-year agreements were made by Laws of 27 June 1878 and 
21 May 1SS7. No now agreement has been made since 1897, and the quota of the two 
parts of the monarchy has been annually fixed l;y the Emperor as 66^5 per cent for 
Austria and 33 i\ pei cent for Hungary. .^ new agreement, signed on 8 October 1907, 
and approved by the Hungarian Diet and Austrian Reichsrat, fixes Hungary's quota 
of common expenses as 36.4 per cent. 

^ No loan of this kind has yet Iteen contracted. 

■* By a law of 24 December 1867 Hungary made a permanent agreement to pay 
29,188,000 florins annually toward the interest of the public debt : this was in 1867 
nearly 24 per cent of the total joint delit and 30 per cent of the interest after the de- 
duction of 25,000,000 florins of the debt, for which Hungary refused to assume any 
responsibility. 

"This power is expressly refused to the delegations by the Hungarian Law (Article 37). 

"By Hungarian Law 30 of 1S6S 5 niemliers of the Hungarian delegation imi-t be 
chosen from among the Croatian members of the Hungarian Diet, 4 from the House of" 
Representatives, and 1 from the Table of Magnates. The Hungarian delegation is also' 
composed of 00 members. 



'6 CONSTITUTIONS OF THE STATES AT WAR. 

The 40 members to be chosen by the House of Eepresentatives 
shall be so elected that the deputies from each provincial diet may 
elect, in comformity with the following apportionment, a certain 
number of delegates, who may be chosen from among themselves or 
from the House at large. 

By majority vote the deputies from the Kingdom of Bohemia 
shall elect 10; the Kingdom of Dalmatia, 1; the Kingdom of Galicia 
and Lodomeria, with the Grand Duchy of Cracow, 7 ; the Archduchy 
of Lower Austria, 3 ; the Archduchy of Upper Austria, 2 ; the Duchy 
of Salzburg, 1 ; the Duchy of Styria, 2 ; the Duchy of Carinthia, 1 ; 
the Duchy of Carniola, 1; the Duchy of Bukowina, 1; the Margra- 
vate of Moravia, 4; the Duchy of Upper and Lower Silesia, 1; the 
Princely County of Tyrol, 2; the Territory of Vorarlberg, 1; the 
Margravate of Istria, 1 ; the Princely County of Gorz and Gradiska, 
1 ; the city of Triest with its territory, 1. 

Art. 9. In the same way each house of the Eeichsrat shall elect 
■substitutes of delegates, of whom 10 shall be chosen by the House of 
Lords and 20 by the House of Representatives. 

The number of substitutes to be chosen by the House of Represent- 
atives shall be so apportioned that there shall be one substitute for 
•every one to three delegates, and two substitutes for every four or 
more delegates. The election of each substitute shall take place 
separately. 

Art. 10. Delegates and their substitutes shall be elected annually 
'by the two houses of the Reichsrat. 

The delegates and substitutes shall retain their functions until 
the new election. 

Members of the delegation are eligible for reelection. 

Art. 11. The delegations shall be convened annually by the Em- 
peror, who shall determine the place of their meeting. 

Art. 12. The delegation from the Reichsrat shall elect a president 
:and vice president from among its own members, and choose also its 
secretary and other officers. 

Art. 13. The powers of the delegations shall extend to all matters 
concerning common affairs. 

All other matters shall be beyond their power. 

Art. 14. The projects of the government shall be submitted by the 
joint ministry to each of the delegations separately. 

Each delegation shall also have the right to submit projects con- 
cerning affairs which are within its competence. 

Art. 15. For the passage of a law concerning matters within the 
power of the delegations the agreement of both delegations shall 
be necessary, or in default of such agreement, a vote of the full as- 
sembly of the two delegations sitting together; in either case the ap- 
proval of the Emperor shall be necessary. 



AUSTRIA-HUNGARY: THE DUAL MONARCHY. 7 

Art. 16. The right to hold the joint ministr}^ to its responsibility 
shall be exercised by the delegations. 

In case of the violation of a constitutional law in force regarding 
common affairs, either of the delegations may present charges to the 
other against the joint ministry or against any one of its members. 

The impeachment shall be legally effective when resolved upon 
separately by each of the delegations, or in a joint meeting of the two. 

Art. it. Each delegation shall propose, from among the independ- 
ent and legally trained citizens of the country which it represents, 
but not from among its own members, 24 judges, of whom 12 may be 
rejected by the other delegation. The accused, or all of them when 
there are several, shall have the right to reject 12 of those named by 
the two delegations, but only in such a manner that an equal number 
of judges be rejected from the lists proposed by each delegation. 

The remaining judges shall form a court for the trial of the 
impeachment. 

Art. 18. A special law on the responsibility of the joint ministry 
shall regulate the details concerning the impeachment, the pro- 
cedure of trial, and the judgment.^ 

Art. W. Each delegation shall act, deliberate and vote in separate 
session. Article 31 indicates an exception to this rule. 

Art. 20. The decisions of the delegation of the Eeichsrat shall 
require for their validity the presence of not less than 30 members 
besides the president, and every decision shall require the vote of a 
majority of those present. 

Art. 21. The delegates and substitutes from the Reichsrat shall 
receive no instructions from their electors. 

Art. 22. The delegates from the Reichsrat shall personally exer- 
cise their right to vote ; Article 25 determines when a substitute shall 
take the place of a delegate. 

Art. 23. The delegates from the Reichsrat ^ shall enjoy in that 
capacity the same immunity which they have as members of the 
Reichsrat by virtue of Article 16 of the fundamental law concerning 
the representation of the Empire. 

If the Reichsrat is not in session, the above-mentioned rights shall 
be enforced by the delegation itself with respect to its members. 

Art. 24. One who ceases to be a member of the Reichsrat shall 
cease at the same time to be a member of the delegation. 

Art. 25. If a vacancy occurs in the delegation or among the sub- 
stitutes a new election shall be held. 

If the Reichsrat is not in session the substitute shall take the place 
of the retiring delegate. 

^ This law has not been passed. 

- The omission of all mention of the Hungarian delegation in this article should be 
attributed to an error in editing; see Article 37 of the Hungarian Law. 



8 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 26. When the House of Representatives is dissolved the 
powers of the delegation of the Reichsrat shall come to an end. The 
newly assembled Reichsrat shall elect a new delegation. 

Art. 27. The session of the delegation shall be closed, after the 
completion of its work, by the president with the consent of the 
Emperor or bj^ his order. 

Art. 28. The members of the joint ministry shall have the right 
to take part in all the deliberations of the delegation, and to pre- 
sent their projects personally or through a deputy. 

They shall be heard whenever they desire. 

The delegation shall have the right to address questions to the 
joint ministry or to any one of its members, to require answers and 
explanations and to appoint committees to whom the ministers 
shall furnish all necessary information. 

Art. 29. The sessions of the delegation shall as a rule be public. 

Exceptionally the public may be excluded if it is so decided by 
the assembly in secret session, upon the request of the president or 
of not less than five members. 

Every decision, however, shall be made in public session. 

Art. 30. Each delegation shall communicate to the other its de- 
cisions and, if the case requires it, the reasons therefor. 

This communication shall take place in writing, in German on the 
part of the delegation of the Reichsrat, in the Hungarian language 
on the part of the delegation of the Diet ; in each case there shall be 
annexed a certified translation into the language of the other dele- 
gation. 

Art. 31. Each delegation shall have the right to propose that a 
question be decided by a vote in joint session, and this proposal can 
not be declined by the other delegation after the exchange of three 
written communications without result. 

The two presidents shall agree upon the time and place of the 
joint meeting of the two delegations for the purpose of voting to- 
gether. 

Art. 32. In the joint sessions the presidents of the delegations 
shall preside alternately. It shall be determined b}^ lot which of the 
two presidents shall preside in the first place. 

In all subsequent sessions the presidency at the first joint meeting 
shall belong to the president of the delegation which has not had the 
presidency at the meeting immediatel}^ preceding. 

Art. 33. In order to transact business in joint session the presence 
of not less than two thirds of the members of each delegation shall 
be necessary. 

Decisions shall be reached by a majority vote. 



AUSTRIA-HUNGARY: THE DUAL MONARCHY. 9 

If one delegation has more members present than the other, so 
many members shall abstain from voting as shall be necessary to 
establish an equality of the number of voters from each delegation. 

It shall be determined by lot which members shall abstain from 
voting. 

Art. 34. The joint sessions of the two delegations shall be pnblic. 

The minutes shall be kept in the two languages by the secretaries 
of the two delegations and attested by both. 

Art. 35. Further details regarding the procedure of the delegation 
of the Reichsrat shall be regulated by an order of business to be 
adopted by the delegation itself.^ 

Art. 36. Agreement concerning matters wdiich, though not man- 
aged in common, yet are to be regulated upon the same principles, 
shall be reached in one of the following ways: (1) The responsible 
ministries by an agreement between themselves shall prepare a proj- 
ect of law which shall be submitted to the representative bodies of 
the two parts of the Empire and the project agreed upon by the 
two representative bodies shall be submitted for the approval of 
the Emperor. (2) Each representative body shall elect from its 
members a deputation composed of an equal number of members, 
which shall prepare a project upon the initiative of the respective 
ministries; such project shall be submitted to each of the legislative 
bodies by the ministries, shall be regularly considered, and the 
identical law of the two assemblies shall be submitted for the ap- 
proval of the Emperor. The second procedure shall be followed 
especially in reaching an agreement concerning the distribution of 
the cost of affairs administered in common.^ 

AUSTRIAN LAW OF 22 FEBRUARY 1880.^ 

Law Concerning the Administration of Bosnia and Herzegovina, 

Entrusted to Austria-Hungary by the Treaty of 

Berlin of 13 July 1878.^ 

Article 1. In conformity with existing laws concerning the com- 
mon affairs of the Monarchy, the ministry is authorized and directed, 
under its constitutional responsibility, to .take charge of the pro- 
visional administration of Bosnia and Herzegovina, which shall be 
directed by the joint ministry. 

1 Internal regulation for the delegation of the Reichsrat of 21 January 1868. See 
P. MoREAU ET J. Delpech, Lcs R^glemoits dcs Assemhlees Uoislatives, vol. i (Paris, 
1906), p. 381. 

- Article 37 of this law is omitted ; it related to the time when the law became effective. 

2 Translation based upon Dodd, op. cit., pp. 122-123. French translation in Dareste, 
op. cit., pp. 423-425. 

* Hungarian Law 6 of 1880 is identical. 

88381—19—2 



10 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 2. The determination of the general spirit and principles of 
this provisional administration and the construction of railways 
f^hall, in particular, be regulated by agreement between the govern- 
ments of the two parts of the Austro-Hungarian Monarchy. 

Art. 3. The administration of these lands shall be so regulated that 
its expenses may be met from its own revenue. 

If and in so far as this result can not be immediately attnir.ed, 
l)rojects for raising revenue to cover ordinary expenses sliail be 
decided upon by agreement between the governments of the two 
parts of the Monarchy, in the manner. provided by existing laws 
for the regulation of common affairs. 

Nevertheless, in so far as the administration of Bosnia and Herze- 
govina may require expenditures for permanent establishments, which 
do not belong within the scope of the current administration, such as 
railways, public buildings and similar extraordinary expenses, which 
should be assumed by the Monarchy, subsidies therefor shall only be 
granted by virtue of identical laws passed by the two parts of the 
Monarchy. 

Art. 4. In the same manner the principles shall be established 
according to which the following affairs shall be regulated and 
administered in Bosnia and Herzegovina: 

1. The customs system. 

2. The indirect taxes which are regulated upon similar prin- 
ciples in the two parts of the Monarchy. 

3. The monetary system. 

Art. 6. Any alteration of the relations existing between these lands 
and the Monarchy shall require an identical authorization from the 
legislatures of the two parts of the Monarchy. 



2. AUSTRIA. 

The first attempt at a common representation of all the Austrian 
countries dates from 1848, when revolutions broke out in almost all 
parts of the Austrian dominions, but it was not until the Imperial 
Diploma of 20 October 1860 was issued that the way was finally 
paved for the establishing of lasting reforms. This Diploma was 
practically superseded by the Patent of 26 February 1861,^ which 
governed the representation of the Empire in the Reichsrat and 
gave to each Austrian province a special constitution and an elec- 
toral law. This Constitution of 1861 proved a signal failure, and 
the Emperor finally determined to recognize the principle of dual- 
ism^ and to reach an agreement with Hungary upon that basis. On 
20 September 1865, he suspended the Patent of 1861, and negotia- 
tions were immediately begun with Hungary which ended in the 
Compromis of 1867. The changed relations with Hungary made 
necessary changes in the Austrian Constitution; the fundamental 
laws of 1867 recast the Austrian government upon more liberal prin- 
ciples than had hitherto existed. Since that date important changes 
have been introduced with regard to the suffrage qualification, and at 
the present time it seems that the problem of the diverse races con- 
tained in the Empire is about to receive its natural solution.^ 



FUNDAMENTAL LAWS OF 21 DECEMBER 1867.^ 

Law Concerning the General Rights of Citizens. 

ARTiciiE 1. For all natives of the various kingdoms and countries 
represented in the Reichsrat there exists a common right of Austrian 

7^ 1 English translation in British and Foreign State Papers, 52 : pp. 1218-1221. 

== This introductory paragraph is based upon W. F. Dodd, Modern Constitutions (Chi- 
cago, 1909), vol. I, pp. 69-70, and F. R. Dareste et P. D.\reste, Les Constitutions ino- 
dernes (3d edition, Paris, 1910), vol. i, pp. 428-430. 

3 Translation based upon Dodd, op. cit., pp. 71-89. German text of the second and last 
laws in Paul Posexer, Die Staatsverfassungen des ErdbaUs (Charlottenburg, 1909), 
pp. 753-700. French translation in Dxreste^ op. cit., pp. 431-451. 

11 



12 CONSTITUTIONS OF THE STATES AT WAR. 

citizenship. The law shall determine under what conditions Austrian 
citizenship is gained, exercised and lost. 

Art. 2. All citizens are equal before the law. 

Art. 3. Public offices shall be equally open to all citizens. The ad- 
mission of foreigners to public office is dependent upon their acquisi- 
tion of Austrian citizenship. 

Art. 4. The freedom of passage of persons and property, within 
the territory of the State, shall be subject to no restrictions. 

All citizens who live within a commune and pay therein a tax on 
real property, business, or income shall have the right to vote for 
members of the communal assembly {Gem,eind,evertretung) and shall 
be eligible to that body under the same conditions as natives of the 
commune. 

Freedom of emigration is limited by the State only by the obligation 
to serve in the army. 

Taxes on emigration shall be levied only as a measure of retaliation. 

Art. 5. Property is inviolable. Forced expropriation shall take 
place only in the cases and according to the forms determined by law. 

Art. 6. Every citizen may dwell temporarily or establish his resi- 
dence in any part of the territory of the State, acquire real property 
of any kind and freely dispose of the same, and may also engage in any 
form of business, under legal conditions. 

In the matter of mortmain the law may, for -reasons of public 
policy, restrict the right of acquiring and of disposing of real 
property. 

Art. 7. Every relation of vassalage or dependence is forever abol- 
ished. Every burden or charge resting upon the title to real property 
is redeemable, and in future no land shall be burdened with an irre- 
deemable charge. 

Art. 8. Liberty of person is guaranteed. The Law of 27 October 
1862 {Reichsgesetzblatt^ No. 87) on the protection of individual 
liberty is hereby declared an integral part of the present fundamental 
law.^ Every arrest ordered or prolonged in violation of law imposes 
an obligation upon the State to indemnify the injured party. 

Art. 9. The domicile is inviolable. The Law of 27 October 1862 
{Reichsgesetzhlatt^ No. 88) for the protection of the domicile is 
hereby declared an integral part of this fundamental law.^ 

Art. 10. The secrecy of letters shall not be violated ; the seizure of 
letters, except in case of a legal arrest or search, shall take place only 
in time of war or by virtue of a judicial order issued in conformity 
with the law.=^ 



1 This law contains the provisions regarding arrest, hearing and bail. 

2 This law regulates the issuance and execution of orders for the search of houses, 
s Law of 6 Atiril X^TO 



AUSTRIA-HUNGARY: AUSTRIA. 13 

Art. 11. The right of petition is free to everyone. Petitions under 
a collective name should emanate only from legally recognized cor- 
porations or associations. 

Art. 12. Austrian citizens shall have the right to assemble together 
and to form associations. The exercise of these rights is regulated 
by special laws.^ 

Art. 13. Everyone shall have the right, vs^ithin legal limits, freely 
to express his thoughts orally, in writing, through the press, or by 
pictorial representation. - 

The press shall not be placed under censorship nor ■ restrained by 
the system of licenses. Administrative prohibitions of the use of the 
mail are not applicable to matter printed within the country. 

Art. 14. Full freedom of religion and of conscience is guaranteed 
to all. The enjoyment of civil and political rights is independent 
of religious belief; however, religious belief shall in no way inter- 
fere with the performance of civil duties. 

No one shall be forced to perform any religious rite or to partici- 
pate in any religious ceremony, except in so far as he is subject to 
another who has legal authority in this matter.^ 

Art. 15. Every legally recognized church and religious society has 
the right publicly to exercise its religious worship; it regulates and 
administers its internal affairs independently, remains in possession 
and enjoyment of its establishments, institutions and property held 
for religious, educational and charitable purposes; but is subject, as 
other societies, to the general laws of the State.* 

Art. 16. Adherents of a religious confession not legally recognized 
are permitted to worship privately, in so far as their religious serv- 
ices are not illegal or contrary to public morals.* 

Art. 17. Science and its teaching shall be free. Every citizen 
whose capacity has been established in conformity with law shall 
have the right to establish institutions of instruction and education 
and to give instruction therein. Private instruction shall be subject 
to no such restriction. Religious instruction in the schools shall be 
left to the church or religious society to which the school is attached." 
The State shall have the right of superior direction and superintend- 
ence over the entire system of education and instruction.'' 

Art. 18. Everyone shall be free to choose his occupation and to 
prepare himself for it in such place and in such manner as he may 
wish. 

1 Two laws of 15 November 1867. 

= Law of 17 December 1862. 

3 Law of 25 May 1868. 

* Law of 7 May 1874. 

= Laws of 25 May 1868 and 20 June 1872. 

Law of 14 May 1869, amended and completed by Law of 2 May 1883. 



14 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 19. All the races of the State shall have equal rights, and each 
race shall have the inviolable right of maintaining and cultivating 
its nationality and language. 

The State recognizes the equality of the various languages in the 
schools, public offices, and in public life. 

In the countries populated by several races, the institutions of 
public instruction shall be so organized that each race may receive 
the necessary instruction in its own language, without being obliged 
to learn a second language.^ 

Art. 20. A special law shall determine the right of the responsiJble 
governing power to suspend temporarily and in certain places the 
rights mentioned in Articles 8, 9, 10, 12 and 13.^ 

Law Altering the Law or 26 February 1861 Concerning Imperial 

Eepresentation. 

Article 1. The Reichsrat is the common representative body of the 
Kingdoms of Bohemia, Dalmatia and Galicia and Lodomeria with 
the Grand Duchy of Cracow, of the Archduchies of Lower and Up- 
per Austria, of the Duchies of Salzburg, Styria, Carinthia, Carniola 
and Bukowina, of the Margravate of Moravia, of the Duchy of Up- 
per and Lower Silesia, of the Princely County of Tyrol and the terri- 
tory of Vorarlberg, of the Margravate of Istria, of the Princely 
County of Gorz and Gracliska, and of the City of Triest with its 
territory. The Reichsrat is composed of a House of Lords {Herren- 
haus) and a House of Representatives {Flaus der Abgeordneten) . 

Persons appointed members of the House of Lords in conformity 
with Articles 3 and 5 may be elected to the House of Representatives. 
In case of the acceptance of such an election, the membership in the 
House of Lords ceases for the period during which such office is held.^ 

Should a representative be appointed to the House of Lords in 
conformity with Articles 3 or 5, his membership therein shall not 
begin until after he ceases to be a representative.^ 

Art. 2. Princes of the imperial family who have attained full age 
are by birth members of the House of Lords. 

Art. 3. Chief of the indigenous noble families, of full age, who 
possess extensive landed property within the Austrian States, are 
hereditary members of the House of Lords, if such dignity has been 
conferred upon them by the Emperor. 

Art. 4. All archbishops and all bishops enjoying princely rank, 
within the Austrian States, shall be members of the House of Lords 
by virtue of their high ecclesiastical rank. 

1 Cf. Law of 28 February 1882. 

2 Law of 5 May 1869. 

3 As amended 26 January 1907. 



AUSTRIA-HUNGARY: AUSTRIA. 15 

Art. 5. The Emperor shall have the right to call into the House 
of Lords as life members eminent men from the kingdoms and! 
countries represented in the Keichsrat, who have rendered dis- 
tinguished services to the State or church, to science or art. 

The number of such members shall not exceed 170 nor fall below 
150.^ 

Art. 6. The House of Representatives shall be composed of 516 
members, apportioned to and elected in the several kingdoms and 
countries as follows : 

Kingdom of Bohemia 130 

Kingdom of Dalmatia 11 

Kingdom of Galieia and Lodomeria witli tlie Grand Duchy 

of Cracow 106 

Arcliduchy of Lower Austria 64 

Archduchy of Upper Austria 22 

Duchy of Salzburg 7 

Duchy of Styria 30 

Duchy of Carinthia 10 

Duchy of Carniola 12 

Duchy of Bukowina 14 

Margravate of Moravia 49 

Duchy of Upper and Lower Silesia 15 

Princely County of Tyrol 25 

Territory of Voralberg 4 

Margravate of Istria 6 

Princely County of Gorz and Gradiska 

City of Triest aud its territory 5 

The apportionment to the several election districts of the members 
of the House of Representatives, to be chosen in accordance with this 
list, shall be determined by the election law of the Reichsrat." 

Art. 7. Every male person who has attained the age of 24 years, 
possesses Austrian citizenship, is not excluded from the right to 
vote by the provisions of the election law of the Reichsrat, and who 
at the time the election is ordered has resided for at least one year 
in the Austrian commune in which the right to vote is to be exercised, 
is qualified to vote for representatives.^ 

Every male person who has been in the possession of Austrian 
citizenship for at least three years, has attained the age of 30 years, 
and is not excluded from the right to vote by the provisions of the 
election law of the Reichsrat, is eligible as a representative. 

In case the election law of the Reichsrat should provide for the 
election of substitutes of representatives, the foregoing provisions 
concerning eligibility are also applicable to such substitutes. 

^ This paragraph added by amendment of 26 Janua'ry 1907. 

- This article was amended on 26 January 1907, increasing the membership of the House 
of Representatives from 425. The new election law bears the same date. 
= Art. 66, Sect. 1 of the Law of 1 August 1895. 



16 CONSTITUTIONS OF THE STATES AT WAR. 

The election law of the Reichsrat contains the further regulations 
concerning the exercise of the right to vote and concerning the con- 
duct of elections.^ 

Art. 8. Public officers and functionaries who ma}^ be elected to the 
House of Representatives do not need a leave of absence in order to 
attend the meetings of that body. 

Art. 9. The Emperor appoints the president and vice-president of 
the House of Lords from among its members, and for the term of the 
session. The House of Representatives elects from its own members 
its president and vice president. Each of the houses chooses its other 
officers. 

Art. 10. The Reichsrat shall be convened annually by the Emperor, 
during the winter months when possible. 

Art. 11. The competence of the Reichsrat extends to all matters 
which relate to the rights, obligations and interests common to the 
countries represented therein, in so far as these matters are not to be 
handled in common, in consequence of the agreement of the countries 
of the Hungarian crown with the other countries of the monarchy. 

Thus, the competence of the Reichsrat extends to : 

a. The examination and approval of commercial treaties and of 
those political treaties which place a financial burden upon the Em- 
pire or upon any part thereof, which place obligations upon indi- 
vidual citizens, or which have as a consequence a change of the terri- 
tory of the kingdoms and countries represented in the Reichsrat. 

1). All matters which relate to the form as well as to the regula- 
tion and term of military service ^ ; particularly the annual grant of 
military forces, and the general provisions regarding the furnishing 
of relays and the maintenance and quartering of troops. 

c. The establishment of the budget, and particularly the annual 
grant of taxes and duties to be levied; the examination of the ac- 
counts and of the results of the financial administration, the final 
approval of such accounts ; the issue of new loans, the conversion of 
the existing State debt, the alienation, transformation, or burdening 

^ The text here given is that introduced by amendment of .26 January 1907. Before this 
change there were five classes of electors: (1) The great landowners, comprising those 
who paid a certain land tax, varying in the several Provinces from 50 to 250 florins ; 
this class elected 85 representatives. (2) The cities, where the electoral franchise was 
extended to all males of 24, who paid a tax of 5 florins ; this class elected 99 representa- 
tives. (3) Chambers of commerce and of industry ; this class alone elected 21 repre- 
sentatives and together with the second class chose 19 others. ' (4) Rural communes, in 
which the qualifications for voting. were the same as in the cities; this class elected 129 
representatives. (5) A fifth class created by law of 14 June 1896 included all males 
who had attained the age of 24 .years ; this class chose 72 representatives. 

The amendment of 1907 abolishes the class system of voting, and establishes universal 
suffrage for all representatives. The election law of the Reichsrat of 26 January 1907 
makes the further provisions for elections under the new system of universal suffrage ; 
each Province is divided into election districts, most of which choose only one repre- 
sentative ; each commune forms a voting precinct. 

2 Laws of 11 April 1889 and 6 June 1886. 



AUSTRIA-HUNGARY: AUSTRIA. 17 

of the public domain ; legislation concerning monopolies and seignio- 
rial rights, and in general all financial affairs which are common to 
the kingdoms and countries represented in the Reichsrat. 

(J. The regulation of the monetary system and of banks of issue, 
of customs and commercial affairs, of the telegraph, post, railways, 
navigation, and of other means of communication within the Empire. 

e. Legislation concerning credits, banks, patents of invention, in- 
dustry,^ with the exception of legislation concerning the monopoly of 
liquor; weights and measures, the protection of trade-marks and of 
industrial models. 

/. Legislation concerning public health and for protection 
against epidemics and epizootics. 

fj. Legislation concerning citizenship and domicile, the police 
control of foreigners, the system of passports and the taking of the 
census. 

h. Concerning confessional relations, the rights of assembly and 
of association; concerning the press and the protection of literary 
«nd artistic property. 

I. The establishment of the principles of the educational system 
in the primary - and secondary schools, and legislation concerning the 
universities. 

Tx. Legislation concerning criminal justice and police penalties^; 
the civil law^, w^ith the exception of legislation concerning the details 
of the systems of public registries and concerning such matters as, 
in the terms of the provincial constitutions and of this fundamental 
law, belong within the competence of the provincial diets ; legislation 
concerning commercial law and commercial paper,* maritime law, 
mines ^ and feudal rights. 

I. Legislation concerning the principles of the judicial and ad- 
ministrative organization. 

m. The laws to be passed in execution of the fundamental laws 
concerning the general rights of citizens, the imperial court, the 
judicial power and the administrative and executive power. 

n. Legislation concerning the matters which relate to the duties 
and relations of the particular countries among themselves, 

0. Legislation concerning the manner of handling matters which, 
through the agreement with Hungary, are recognized as common to 
the two parts of the Empire. 

Art. 12. All matters of legislation other than those expressly re- 
served to the Reichsrat by the present law belong within the power 

1 Law of 20 December 1859. amended 15 March 1883 and 8 March 1885. 

= Law of 14 May 1860, amended 2 May 18S.S. 

3 Code of Criminal I'rocedure of 2^ May 1S73 ; Penal Code of 27 May 1852. 

* Commercial Code of 17 December 18G2. 

^ Law of 2;! May 1854. 



18 COFSTITUTIOFS OF THE STATES AT WAR. 

of the provincial diets of the kingdoms and countries represented 
in the Eeichsrat and are constitutionally regulated by such diets.^ 

In matters which, according to the principles of the provincial 
constitutions and of this fundamental law, belong within the com- 
petence of provincial legislation, the provinces in the regulation of 
such affairs may also adopt necessary measures in the fields of 
criminal justice, police justice and civil law.^ 

Within the field of provincial legislation belongs also the regu- 
lation of the organization of public administrative offices which are 
created by the exercise of the power of provincial legislation to 
organize autonomous administrative departments, the activities of 
which are based upon the principles reserved to imperial legislation 
by Article 2 Z of this fundamental law.^ 

However, should a provincial diet decide that a matter committed 
to it ought to be discussed and decided in the Reichsrat, such matter, 
for this particular case and with reference to this diet, shall come 
within the power of the Eeichsrat. 

Art. 13. Projects of laws may be gubmitted to the Eeichsrat by 
the government. The Eeichsrat shall also have the right to pro- 
pose laws upon matters within its competence. 

Every law requires the agreement of the two houses and the ap- 
proval of the Emperor. 

If it should happen that, in certain items of an appropriation act 
or with reference to the size of the contingent, in a recruiting act, no 
agreement can be reached between the two houses after repeated delib- 
eration, the lowest figure shall be considered as granted. 

Art. 14. If urgent circumstances should render necessary some 
measure constitutionally requiring the consent of the Eeichsrat when 
that body is not in session, such measure may be taken by imperial 
ordinance, issued under the collective responsibility of the ministry, 
provided it makes no alteration of the fundamental law, imposes no 
lasting burden upon the public treasury, and alienates none of the 
domain of the State. Such ordinances shall have provisionally the 
force of law, if they are signed by all of the ministers, and shall be 
published with an express reference to this provision of the funda- 
mental law. 

1 The 17 divisions of the Empire form 15 provincial governments, the city of Triest, the 
county of Gorz and Gradiska, and the Margravate of Istria being combined into a divi- 
sion called Coastland. Bach division establishes its own Landesordnung or provincial 
constitution ; each has a provincial diet, which exercises the legislative power, and a pro- 
vincial committee, which exercises the executive power in local affairs. The Emperor 
convenes the diets annually, appoints their presidents, and may dissolve them at any time ; 
every provincial law requires his approval. The principal executive and administrative 
officer of the province is the Statthalter or Landesprdsident, who is appointed by the 
Crown and is independent of local control. 

' This paragraph added by Law of 26 January 1907. 



AUSTRIA-HUNGAKY : AUSTRIA. 19 

The legal force of such an ordinance shall cease, if the government 
neglects to present it for the approval of the Reichsrat at its next suc- 
ceeding session, and indeed first to the House of Representatives, 
within four weeks after its convention, or if one of the two houses 
refuses its approval thereto. 

The ministry shall be collectively responsible for the withdrawal 
of such ordinances as soon as they have lost their provisional legal 
force. 

Art. 15. For the validity of any decision of the Reichsrat there is 
necessary in the House of Representatives the presence of 100 mem- 
bers, in the House of Lords of 40 members, and in each house the vote 
of a majority of those present. 

Modifications in the present fundamental law and in the fundamen- 
tal laws on the general rights of Austrian citizens, on the establish- 
ment of the imperial court, on the judicial power, and on the exercise 
of administrative and executive power, shall be made only by a major- 
ity of not less than two thirds of the members present and with the 
presence of not less than half of the members of the House of Repre- 
sentatives.^ 

Art. 16. Members of the House of Representatives shall receive no 
instructions from their electors. 

Members of the Reichsrat shall not be held responsible on account 
of any vote given, and for any utterances made by them in the exer- 
cise of their office they may be held responsible only by the house to 
which they belong. 

No member of the Reichsrat shall be arrested or proceded against 
judicially during the time of a session, on account of any criminal 
act, without the consent of the house, unless he were apprehended in 
the very act. 

Even when the member is taken in the very act, the court shall give 
immediate notice of the arrest to the president of the house. 

If the house requires it, the arrest must be suspended or the pro- 
ceedings postponed during the session. The house shall have the 
same right with respect to an arrest or judicial proceeding instituted 
against a member when the Reichsrat is not in session. 

Art. 17. All members of the Reichsrat must personally exercise 
their right to vote. 

Art. 18. Members of the House of Representatives are elected for a 
period of six years.^ 

At the expiration of this period, as also in the case of the dissolu- 
tion of the House of Representatives, a new election shall be held. 

1 " And with . . . Representatives " added 2 April 1873. 

2 As amended 2 April 1873. By the original text no limitation was placed upon the 
life of the Reichsrat, which came to an end only by dissolution. 



20 COITSTITUTIONS OF THE STATES AT WAK. 

The retiring representatives shall be eligible for reelection. 

During the intervals between general elections supplementary elec- 
tions shall be held when a- member ceases to be eligible, dies, resigns, 
or for any other legal reason ceases to be a member of the Reichsrat, 
in case a substitute should not have been elected for such representa- 
tive. In the latter case the election law of the Reichsrat shall contain 
provisions concerning the management of the new election.^ 

Art, 19. The adjournment of the Reichsrat or the dissolution of the 
House of Representatives shall take place by decree of the Emperor. 
In case of dissolution a new election shall be held in conformity 
with Article 7. 

Art. 20. Ministers and chiefs of the central administration are 
•entitled to take part in all deliberations and to present their pro- 
posals personally or through representatives. Each house may re- 
quire the presence of a minister. Ministers shall be heard whenever 
they desire. They shall have the right to vote only when they are 
member^ of one of the houses. 

Art. 21. Each of the two houses of the Reichsrat may interpellate 
the ministers upon all the matters within the scope of their powers, 
may investigate the administrative acts of the Government, demand 
information from the ministers concerning petitions presented to the 
houses, may appoint commissions, to which the ministers shall give 
all necessary information, and may give expression to its views in the 
iorm of addresses or resolutions. 

Art. 22. A special law shall provide how the control of the public 
debt shall be exercised by the representative bodies,^ 

Art. 23. The sessions of both houses of the Reichsrat shall be 
public. 

Each house shall have the right, in exceptional cases, to exclude 
the public, upon the demand of the president or of at least 10 mem- 
bers, by a decision taken behind closed doors. 

Art. 24. The law regarding the order of business of the Reichstat 
shall contain detailed provisions concerning the reciprocal and ex- 
ternal relations of the two houses.^ 

Law Concerning the Establishment or an Imperial Court. 

Article 1. For the decision of conflicts of jurisdiction and of dis- 
puted questions of public law an Imperial Court {Reichsgericht) 

^ As amended 26 January 1907. 

~ Law of 10 June 1868, amended 13 April 1870. 

3 Laws of 12 May 1873, 25 January 1875 and 2 March 1875. Of. F. Moreau et 
J. DelpecHj Les Reglements des Assemblees legislatives, vol. i (Paris, 1906), pp. 426 
and 446. 



AUSTRIA-HUNGARY*. AUSTRIA. 21 

shall be established for the kingdoms and countries represented in 
the Reichsrat.^ 

Art. 2. The Imperial Court shall decide finally concerning conflicts 
of jurisdiction: 

a. Between the judicial and the administrative authorities, con- 
cerning the question whether a matter should be decided judicially 
or by administrative procedure, in the caseg determined by law. 

l). BetAveen the provincial diet of a particular country and the 
higher governmental authorities, when each of them claims the right 
to regulate or to decide an administrative matter. 

c. Between the independent public authorities of the several 
countries in the affairs of which they have the direction and ad- 
ministration. 

Art. 3. The Imperial Court shall also decide finally : 
a. Concerning claims of a particular kingdom or country against 
the Empire, and vice versa ; claims of one of the kingdoms or coun- 
tries against another; claims of a commune, corporation, or individual 
against any one of the kingdoms or countries or against the Empire, 
if surh claims can not be decided by the regular courts. 

5. Concerning complaints of citizens on account of the violation 
of political rights guaranteed to them by the constitution, after the 
matter shall have been the object of an administrative decision, in 
accordance with the law. 

Art. 4. Concerning the question w^hether the decision of a par- 
ticular case is within its jurisdiction, the Imperial Court alone de- 
cides; its decisions exclude any further appeal or judicial pro- 
ceedings. 

If a matter is referred by the Imperial Court to a regular court 
or to an administrative authority, the latter can not refuse to decide 
such a matter on the ground of incompetence. 

Art. 5. The Imperial Court shall sit at Vienna, and shall be com- 
posed of a president and president substitute, appointed by the 
Emperor for life, and of 12 members and 4 substitutes, also ap- 
pointed for life by the Emperor, upon the nomination of the 
Reichsrat ; 6 members and 2 substitutes shall be nominated by each 
house. 

The nominations should be made in such a way that there shall be 
three properly qualified candidates for each place to be filled. 

Art. 6. A special law shall determine the detailed provisions con- 
cerning the organization of the Imperial Court, its procedure, and 
the execution of its decisions and orders.- 

1 By a decision of 20 January 1897, the Imperial Court held that it was not competent 
to decide controversies between the legislature and the executive authorities. 
" The Imperial Court was organized by a law of 18 April 1869. 



22 coisrsTiTUTioisrs of the states at wae. 

Law Concerning the Judicial Power. 

Article 1. All judicial power of the State shall be exercised in 
the name of the Emperor. 

Judgments and sentences shall be executed in the name of the 
Emperor. 

Art. 2. The organization and jurisdiction of courts shall be 
established by law. 

Special tribunals may be established only in the cases previously 
determined by law. 

Art. 3. The jurisdiction of military courts shall be determined 
by special law. 

Art. 4. The jurisdiction with reference to violations of the police 
and tax laws shall be regulated by law. 

Art. 5. The judges shall be appointed for life by the Emperor or 
in his name. 

Art. 6. The judges shall be independent in the execution of their 
judicial office. 

They shall be deprived of their office only in the cases provided 
by law, and by virtue of a formal judicial sentence; they shall be 
suspended only by the order of the president of the court or of a 
higher judicial officer, the matter being at the same time referred to 
the proper court; the transfer of a judge to another place or his 
retirement against his will shall take place only by judicial decision 
in the cases and in the manner provided by law.^ 

However, these provisions do not apply to displacements or re- 
tirements which are made necessary by changes in the judicial 
organization. 

Art. T. The courts shall not have power to decide as to the validity 
of laws properly promulgated. However, the courts may determine 
the validity of ordinances {Verordnungen) which are involved in 
cases before them. 

Art. 8. All judicial officers, in taking the oath of office, shall swear 
to an inviolable observance of the fundamental laws. 

Art. 9. Independently of the other means provided by the judicial 
procedure, an action may be brought against the State or its judicial 
officers, because of wrongs committed by the latter in the exercise of 
their functions. This right of action shall be regulated by a special 
law.^ 

Art. 10. Proceedings before the judges in civil and criminal cases 
shall be oral and public. 

Exceptions to this rule shall be determined by law. In criminal 
proceedings the system of public prosecution shall be in force.^ 

^ Law of 21 May 1868. 
2 Law of 12 July 1872. 
^ Code of Criminal Procedure of 23 May 1873. 



AUSTRIA-HUNGARY: AUSTRIA. 23 

Art. 11. For all offenses punished by severe penalties, which shall 
be determined by law, as well as for all political crimes and misde- 
meanors and offenses committed b}^ the press, a jiny shall decide 
concerning the guilt of the accused. 

Art. 12. The Supreme Court of Justice and Cassation sitting at 
Vienna shall be maintained for all of the kingdoms and countries 
represented in the Reichsrat. 

Art. 13. The Emperor shall have the right of amnest}^; he shall 
also have the right to remit or to reduce the penalties imposed by the 
courts as well as to relieve the convicted person of the legal conse- 
quences of his condemnation, with a reservation of the restrictions 
contained in the law concerning ministerial responsibility. 

It is reserved to the law of criminal procedure to provide a legal 
rule as to the cases in which a punishable act shall not be subject to a 
criminal proceeding, and that a trial begun in such a case shall be 
discontinued. 

Art. 14. Justice shall be separated from administration in every 
case. 

Art. 15. In every case where an administrative authority, under 
present or future laws, has to decide a contest between individuals, 
the party injured in his rights by such decision shall be free to pro- 
ceed against the other party in the regular courts. 

Moreover, if anyone asserts that through a decision or order of an 
administrative authority his rights have been violated, he shall have 
the right to make his claim against a representative of the adminis- 
trative authority before the administrative court in public oral pro- 
cedure. 

The cases in which the administrative court shall have jurisdiction, 
the composition of the court and the procedure therein shall be regu- 
lated by a special law,^ 

Law Concerning the Exercise or Administrative and Executive 

Power. 

Article 1. The Emperor is sacred, inviolable, and irresponsible. 

Art. 2. The Emperor shall exercise governmental power through 
responsible ministers and officers and agents subordinate to them. 

Art. 3. The Emperor shall appoint and dismiss ministers and, 
upon the proposal of the respective ministers, appoint all officers in 
all branches of the public service, in so far as the law does not other- 
wise provide. 

Art. 4, The Emperor shall confer titles, orders and other public 
distinctions. 

1 Law of 22 October 1875, amended 19 March 1894 and 21 September 1905. 



24 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 5. The Emperor shall have supreme command of the armed 
force, shall declare war and conclude peace. 

Art. 6. The Emperor shall conclude political treaties. The con- 
sent of the Reichsrat is necessary for the validity of any treaties of 
commerce or political treaties which impose obligations upon the 
Empire, upon any ]3art thereof, or upon any of its citizens. 

Art. 7. The right to coin money shall be exercised in the name of 
the Emperor. 

Art. 8. Before assuming the government the Emperor shall take 
a solemn oath in the presence of both houses of the Reichsrat : 

To maintain inviolable the fundamental laws of tlie kingdoms and countries 
represented in the Reichsrat, and to govern in conformity with them, and in con- 
formity with the laws in general. 

Art. 9. The ministers shall be responsible for the constitutionality 
and legality of governmental acts done within the sphere of their 
powers. 

This responsibility, the organization of a court to try impeach- 
ments of ministers, and the procedure to be observed in such a court 
shall be regulated by a special law.^ 

Art. 10. The publication of the laws shall take place in the name 
of the Emperor, with a note of their passage by the representative 
bodies in the constitutional manner and under the signature of a 
responsible minister.^ 

Art. 11. The public authorities are empowered, within the sphere 
of their respective duties, to issue decrees and orders in execution of 
the laws, and to enforce the observance of such regulations and of 
the law^s by all those to whom they are applicable. 

Special laws shall regulate the powers of the administrative au- 
thorities, and the powers of the armed force which is permanently 
organized or called out in a particular case for the maintenance of 
public safety, peace and order. 

Art. 12. All the officers of the State shall be responsible for the 
observance of the fundamental laws and of the imperial and pro- 
vincial laws in the performance of their official duties. 

To make such responsibility effective it shall be the duty of the 
organs of the executive power to exercise a disciplinary control over 
the above-mentioned public officials. 

The civil liability of public officers for injury caused by illegal use 
of their powers shall be regulated by law. 

Art. 13. All members of the public administration, in their oath 
of office, shall swear to an inviolable observance of the fundamental 
laws. 

^Law of 25 July 1867. 2 Law of 10 June 1869, 



3. HUNGARY. 

The constitutional development of Hungary has frequently been 
compared Avith that of England, for the Constitution is not embodied 
in any one instrument, but is contained in numerous laws which may 
be altered by the regular legislative processes. However, in Hungary 
the Constitution has been embodied in written laws to a much greater 
extent than in England. 

The most important of the earlier constitut;ional documents of 
Hungary is the Bulla Aurea of Andreas II,'^vhich was issued in 
1-222 ^ and which bears a striking resemblance to the English Magna 
Carta of 1215. Bulla Aurea is now chiefly of historical interest, but 
is of importance as one of the first steps in a long and continuous 
constitutional development. 

Ferdinand I of Austria was chosen King of Hungary in 1526, 
after the Hungarian forces had been signally defeated by the Turks 
at the battle of Mohacs. The Hapsburgs constantly endeavored to 
reduce Hungary to the position of a province of the Empire, and to 
abolish its independent national institutions. However, by the Prag- "^ 
matic Sanction, which was embodied in three Hungarian laws of 
1722-23, the rights of Hungary were guaranteed. 

NotAvithstanding the guaranty of Hungarian institutions the efforts 
to Aveaken or destroy them continued, and it was only in 1848 that 
tlie revolutionary movement finall}?^ enabled the liberal members 
of the Diet to carry their measures. Thirty-one law^s, en;bodying 
among other things the Hungarian demands for a separate responsi- 
ble ministrA' and for annual sessions of the Diet, were enacted and 
Avere approved by the Emperor on 11 April 1848. Under these laws "" 
Hungary became practically independent, uniting with Austria by 
a personal union. An attempt on the part of Hungary to secure pom- 
plete independence resulted in the surrender of the Hungarians at 
Vilagos on 13 August 1849. 

After Vilagos Hungary Avas governed for 10 years as a subject 
province. The Diploma of 20 October 18G0 recognized the rights 
of the Hungarian Diet, but the Patent of 26 February 1861 estab- 
lished a central legislature at Vienna. Hungary refused to join in 

1 French translation in P. R. Dareste et P. Dakeste, Ijs Constitutions modernes (3(J 
edition, Paris, 1910), vol. i, pp. 470-476. 

25 
88381—19— 3 



26 coisrsTiTUTioisrs of the states at war. 

such a legislature or to be content with any arrangement which 
should not give her absolute control over her local affairs. In 1865^ 
negotiations were entered into upon the basis of Hungary's right to 
an independent government, and the agreement of 1867 guarantees 
the " laws, constitution, legal independence, freedom, and territorial 
integrity of Hungary and its subordinate countries." The laws of 
1848 again came into full force, and the parliamentary institutions of 
the country were reestablished upon a firm basis. 

Under the terms of the agreement of 1867 Hungary was left to deal 
as it thought best with the races within its territory. With Croatia 
alone did Hungary find it necessary to make special terms. By a law 
of 1868, which has been several times amended, an arrangement ^ was 
made between Hungary and Croatia similar in many respects to that 
between Austria and Hungary.- 



LAW 10 OF 1791.3 

On the Independence of the Kingdom or Hungary and Its 

Dependencies.* 

On the proposal of the estates and orders of the Kingdom, His 
Sovereign Majesty has been graciously pleased to recognize that, al- 
though the female succession of the august house of Austria, estab- 
lished by Laws 1 and 2 of 1723 in the Kingdom of Hungary and its 
dependencies, attaches to the same prince as in the other Kingdoms 
and hereditary States situated in Germany and outside of Germany, 
which must be possessed inseparably and indivisibly in accordance 
with the established order of succession, nevertheless, Hungary with 
its dependencies is a free kingdom, and independent in all that con- 
cerns the legal form of the government (with all its dicasteries^), 
that is to say, that it is subject to no other kingdom or people, but 
that it has its own existence and constitution, and that it must be 
governed and administered by its hereditary King, legally crowned, 
and, consequently, by His Sovereign Majesty and his successors, the 
Kings of Hungary, in accordance with its own laws and customs and 
not on the model of other provinces, conformably to Laws 3 of 1715 
and 8 and 11 of 1741. 

1 French translation of the Compromis in Dareste, op. cit., pp. 505-520. 

- These introductorj' paragraphs are based upon W. F. DodDj Modern Constitutions 
(Chicago, 1909), vol. i, pp. 91-93, and Dareste, op. cit., pp. 464-470 and 504-505. 

s Laws 10, 12 and 19 of 1791 and 8, 18 and 20 of 1848 have been translated by Ruth 
E. Stanton from the French translation in Dareste, op. cit., pp. 476, 477, 478, 487 
and 488. 

* Leopoldi II Regis Decreti A. 1791, Art. 10 {De independentia Regni Hungarim parti- 
umqtie eident annexarum,). The expression partes annexw served to designate the 
■countries beyond the Drave (Croatia-Slavonia-Dalmatia). 

^ Government authorities. 



AUSTRIA-HUNGARY: HUNGARY. 27 

LAW 12 OF 1791. 
On the Exercise of the Leoislative and Executive Power/ 

His Sovereign Majesty voluntarily and of his own accord recog- 
nizes that the poAver to make, abrogate and interpret the laws in 
this Kingdom of Hungary and its dependencies belongs, save for 
the provisions of Law 8 of 1741, to the lawfully crowned Prince and 
to the estates and orders of the Kingdom lawfully assembled in Diet, 
and he has been graciously pleased to declare that he would preserve 
intact this right of the States, "and would transmit it inviolate to his 
august successors as he had received it from his illustrious ancestors, 
guaranteeing to the estates and orders of the Kingdom that the King- 
dom and its dependencies shall never be governed by edicts or by 
what are known as patents, which can in no case be received by any 
of the tribunals of the Kingdom, the deliverance of patents being 
reserved only in the case where, on points in other respects conform- 
ing to the law, the publication can be effectively obtained only in 
this way. In consequence: 

The organization of tribunals, established or to be established by 
the law, can not be niodified by royal authority; the execution of 
lawful sentences can not be prevented by orders of the King, nor can 
he in person be permitted to prevent it; the lawful sentences of the 
tribunals shall not be altered or yielded to the revision of the King 
or any political administrative authority, but the judgments shall 
be rendered conformably to the laws at present existing or subse- 
quently to be made, and to the recognized custom of the Kingdom, by 
judges chosen without religious distinction, and the execvitive power 
shall be exercised by His Royal Majesty only in the meaning of the 
laws. 

LAW 19 OF 1791. 

On Subsidies and Contribution. ^ 

His Sovereign Majesty has also been graciously pleased to guar- 
antee fully to the estates and orders of the Kingdom and the de- 
pendencies that no subsidies, under any name whatsoever, either in 
money, in kind or in recruits, shall be imposed by the royal will 
either upon the estates and orders or upon persons not of the nobility, 
nor shall they be solicited, under the pretext of a free gift or for 
any other reason, outside of the diet, save in so far as concerns the 
provision of Law 8 of 171.5 confirmed by Law 22 of 1741.^ The 

^ Leopoldi II Regis Decreti, Art. 12 (De legislatirw et-exec-ntlvw potestatis exercitio) . 

- Leopoldl II Regis Decreti, Art. 19 (De suhsidiis et contributione) . 

3 These laws provide that in case of an unexpected war or a war of invasion the diet 
must be convoked in a place in the interior of the Kingdom in order to deliberate upon an 
extraordinary imposition (tax). 



28 CONSTITUTIONS OF THE STATES AT WAR. 

amount of the contribution appropriated for the maintenance of the 
permanent army shall always be determined from one diet to the 
other in the comitia of the Kingdom ; save for the other provisions 
of Law 8 of 1715 above cited, which are, presmnably, confirmed.^ 

LAW 3 OF 1848.2 

On the Formation of a Eesponsible Htjngarian Ministry.^ 

Article 1. The person of His Majesty the King is sacred and 
inviolable. 

Art. 3. His Majesty shall exercise the executive power in con- 
formity with law, through the independent Hungarian ministry, 
and no ordinance, order, decision, or appointment shall have force 
unless it is countersigned by one of the ministers residing at Buda- 
pest. 

Art. 4. Each member of the ministry shall be responsible for all 
of his official actions. 

Art. 5. The official seat of the ministry is Budapest. 

Art. 6. In all matters which have heretofore been within the power 
of the Eoyal Hungarian Chancellery, of the Eoyal Council of the 
Regency and of the Royal Council of the Treasury, including therein 
mining, and especially in all civil, ecclesiastical, financial and mili- 
tary affairs, and in general in all matters relating to national defense. 
His Majesty shall henceforth exercise the executive power exclusively- 
through the Hungarian ministry. 

Art. 7. It shall be within the immediate power of His Majesty, 
in every case with the countersignature of the proper responsible 
Hungarian minister, to appoint archbishops, bishops, priors, and 
abbots, as well as standard bearers, to exercise executive clemency, 
to grant noble rank, titles and orders. 

Art. 10. The ministry shall be composed of a president and of 
eight other ministers, if the president does not himself assume one 
of the portfolios. 

Art. 12, His Majesty shall appoint the ministers upon the nomi- 
nation of the president of the ministry.* 

Art. 13. One of the ministers shall always be in attendance upon 
the person of His Majesty and shall take part in all affairs which 

^ This refers to the provisions of Law 8 of 1715 relative to the military service of the 
nobility and to the maintenance of the permanent army by means of a contribution to 
be determined in accord with the diet. 

' Translations of Laws 3, 4 and 5 of 1848, 33 of 1874, and 7 of 1885 are based upon 
those in Dodd^ op. cU., pp. 93-111. French translations of Laws 3 and 4 of 1848 and 7 of 
1885 appear in Daeeste, op. cit., pp. 479-487 and 493-501. 

2 Articles 2, 9, 11 and 88 of this law were repealed and Articles 3, 17, 19 and 24 were 
modified by Law 7 of 1867, which suspended the office of Palatin. Article 8 related to 
military affairs which are now conducted by the Austro-Hungarian Government. 

^ As amended by Law 8 of 1867. 



AUSTRIA -HTtxGARY: HUNGARY. 29 

are common to Hungary and the hereditary Provinces, and in such 
affairs he shall, under his responsibility, represent Hungary.^ 

Art. 14. Besides the member attached to the person of the King 
for the affairs mentioned in Article 13, the ministry shall be divided 
into the following departments : 
a. Interior. 
h. Finance. 
c. Commerce.^ 
cL Agriculture. - 
e. Religion and education. 
/. Justice and pardons. 
g. National defense.^ 

Art. 15. A separate minister shall be at the head of each depart- 
ment and of the official personnel thereof, which shall be under the 
direction of the respective chiefs of division. 

Art. 16. The manner of conducting business within the depart- 
ments shall be regulated by the ministry itself. 

Art. 17. The president of the ministry shall preside over the Coun- 
cil of Ministers in the absence of the King, and he may convene the 
Council of Ministers as often as he considers it necessary. 

Art. 18. Each minister shall be responsible for the orders which he 
signs. 

Art. 19. For the consideration of the public affairs of the country 
under the presidency of His Majesty or of the president of the min- 
istry, a Council of State shall be established at Budapest, which shall 
be permanently organized by the next Diet.* 

Art. 20. In addition to the necessary staff of officers, two councilors 
of state shall be assigned to the minister in attendance upon the per- 
son of the King, such councilors to be selected for the present from 
among the active councilors of the Royal Hungarian Chancellery upon 
the nomination of the above-mentioned minister. 

Art. 21. The affairs enumerated in Article 7 as reserved imme- 
diately to His Majesty shall be administered by the responsible Hun- 
garian minister in attendance upon the person of the King, together 
with the councilors of state and officers associated with him. 

Art. 22. The other active councilors of the Royal Hungarian Chan- 
cellery shall be transferred to the Council of State mentioned in 
Article 19. 

1 Affairs common to the two countries are now handled by the joint ministry. 

^ As amended by Law IS of 1889. These two ministries were formerly called " Public 
Works, Means of Communication and Navigation " and " Agriculture, Industry and Com- 
merce," respectively. 

^ For the representation of the interests of Croatia-Slavonia-Dalmatia, there is also 
appointed a separate Croatian minister who is without portfolio. This minister is en- 
titled to vote in the Council of Ministers and is responsible to the Hungarian House of 
Representatives. 

^ The Council of State has never been organized ; hence Articles 19-24 are not really in 
force. 



30 CONSTITUTIONS OF THE STATES AT WAE. 

Art. 23. The Royal Hungarian Council of the Regency and the 
Eoyal Council of the Treasury shall be divided among the respective 
departments of the ministry in pursuance of the provisions of Law 
58 of 1791/ which shall also be taken into consideration in the organi- 
zation of the Council of State. 

Art. 24. The presidents of the government offices mentioned in 
Article 6 shall have seats in the Council of State designated by Arti- 
cle 19, and shall preside therein in the absence of the King and the 
ministers. 

Sec. 25. All officers and employees of the government offices men- 
tioned in Article 6, not only those who receive new appointments but 
also those who can not be given places in the above-mentioned de- 
partments of the ministry, shall retain their present salaries until 
other provision is made. 

Art. 26. The legal powers of all local governing bodies of the coun- 
try shall remain in full force.^ 

Art. 27. The legally established courts shall preserve their legal 
independence and shall retain their present organization until further 
provided by law.^ 

Art. 28. The ministers shall have seats in the two houses of the 
Diet and must be heard therein when they wish to speak. 

Art. 29. Ministers shall be bound to attend in either house of the 
Diet when requested, and to give proper explanations. 

Art. 30. Upon demand of either house of the Diet the ministers 
shall be bound to submit their official papers for examination by the 
house itself or by a committee appointed by the house. 

Art. 31. Ministers shall have a vote in the Diet only in case they are 
legal members of the Table of Magnates or have been elected as repre- 
sentatives in the House of Representatives. 

Art. 32. Ministers may be held responsible: 

a. For every act committed or order executed by them in their 
official capacity which violates the independence of the country, the 
guaranties of the Constitution, the provisions of existing laws, per- 
sonal liberty, or the inviolability of property. 

5. For misapplication or illegal use of money or other property 
entrusted to them. 

c. For failure to execute the laws or to maintain public peace and 
order, in so far as such neglect could have been avoided by the use 
of means placed at their disposal by the law. 

^ This law provides that the attributions of the Coimcil of the Regency be extended to 
Croatia-Slavonia, which consequently should have a fixed number of representatives 
therein. 

2 See Dareste, op. cit., p. 482, note 1. 

2 See Dareste, iMi., note 2. 



AUSTRIA-HUNGARY: HUNGARY. 31 

Art. 33. The Lower House may impeach ministers by a majority 
vote. 

Art. 34. Jurisdiction in such a case shall be A'estecl in a court, 
chosen by means of secret ballot by the Upper House from among 
its own members; the procedure shall be public, and the penalty shall 
be fixed in proportion to the offense. 

Thirty-six members in all shall be elected, of whom 12 may be re- 
jected by the impeachment commission of the LoAver House, 12 by 
the ministers under impeachment. The court thus composed of 12 
persons shall try the impeached ministers. 

Art. 35. With respect to a convicted minister roj^al pardon may be 
granted only in case of a general amnesty. 

Art. 36. P^or other criminal offenses committed ])y ministers in an 
unofficial capacity^, they shall be amenable to the ordinary laws. 

Art. 37. The ministry is bound to submit to the Lower House for 
its examination and approval an annual statement of the income and 
needs of the country, and the account of the income administered by 
it during the past year. 

LAW 4 OF 1848. 

On the Annual Sessions of the Diet. 

Article 1. As the Diet will in future hold annual sessions at Pest, 
His Majesty shall annually assemble the Estates of the country, and 
whenever circumstances permit, during the winter months. 

Art. 2. Hereafter the laws to be promulgated may also be approved 
bj' His Majesty during the course of the annual session.^ 

Art. 3. Rejjresentatives shall be elected to a Diet to continue for 
five years, and for all the annual sessions of such a Diet.- 

Art. 4. After 1848 the new election of representatives shall take, 
place throughout the country at the expiration of each fifth year, 
within six weeks before the opening of the first annual session of the 
new Diet; members elected during the interval between general elec- 
tions retain their seats in the next Diet only by means of a new elec- 
tion and so retain them for each of the five annual sessions of a Diet.^ 

Art. 5. His Majesty shall have the right to extend or to adjourn 
the assembled annual session and even to dissolve the Diet before the 
expiration of fiA^e years, and in such a case to order a neAv election of 
representatives; but in the latter case His Majesty shall order the 
meeting of the new Diet in such a manner that it shall assemble 
within three months after the dissolution of the former Diet." 

Art. 6. As the establishment of the budget by the Diet is ahvays 
effective for only one year and as no tax may be imposed or collected 



^ Cf. Laws 66 and 67 of 1881. 

== Law 1 of 1886 extended the life of a Diet from 3 to 5 years. 



32 CONSTITUTIOITS OF THE STATES AT WAR. 

without a new establishment and grant, in case His Majesty for any 
reason shall dissolve the Diet before the regular time, adjourn or close 
its sessions before the ministry has submitted the final accounts and 
the estimates for the next year, and before the Diet could reach a 
decision concerning these matters, the Diet must be convened before 
the end of the year and within sufficient time for the final accounts 
and the estimates for the succeeding year to be considered therein 
before the close of the year.^ 

Art. 7. His Majestj^ shall appoint the president and vice-president 
of the Table of Magnates from the members of that house; the 
secretaries shall be elected by the house from among its own members 
by secret ballot.- 

Art. 8. As the Royal Table ^ henceforth ceases to be an inteo-ral 
part of the House of Representatives, this house shall elect from 
among its own members, by secret ballot, a president, two vice- 
presidents and the secretaries. 

The presidents of the two houses shall be chosen for the entire 
legislative period of the Diet; the other officials shall be chosen an- 
nually in the first sitting; in such sitting the oldest member of the 
Diet shall preside. 

Art. 9. The presidents of the two houses shall receive salaries 
from the public treasury, the amount of which shall be fixed in the 
first annual session of the new Diet.^ 

Art. 10. The sittings of the two houses shall continue to be public. 
Each house shall make the regulations for the maintenance of the 
necessary peace and order in its deliberations, and of silence among 
those listening to its proceedings ; the president is charged with the 
strict enforcement of such rules. 

Art. 11. In this regard it is hereby provisionally directed that the 
audience shall in no way disturb the deliberations. 

Art. 12. Should the audience or one of the persons present disturb 
the deliberations and the first warning of the president be without 
effect, the president may upon the second occasion, referring to the 
present law, order the expulsion of the audience or of a member 
thereof and the closing of the galleries. 

Art. 13. After this is done the deliberations shall be continued 
upon the same clay or later, as the majority decides, but always 
publicly. 

Art. 14. Peace and order shall be maintained by sergeants-at-arms, 
with the assistance of the national guard if necessary.^ 

1 As amended by Law 10 of 1867. The old Article 6 forbade the dissolution of the 
Diet before the budget had been voted. 

2 This point is now governed by Article 15 of Law 7 of 1885. 

3 The Supreme Court of Hungary, which before 1848 formed part of the House of Rep- 
resentatives, its president presiding in that body. 

* The national guard has now been replaced by the regular army, organized by Laws 
40 and 41 of 1868 and 6 of 1889. 



AUSTRIA-HUNGARY: HUNGARY. 33 

Art. 15. In addition to the regulations contained in the foregoing 
sections, each house shall, in its first annual session, immediately 
adopt an order of business, in which the manner and form of de- 
liberating and of voting and in general the internal affairs of the 
house shall be regulated. The part of this order of business which 
relates particularly to the order of deliberating may be altered only 
at the end of the annual session, after the close of the consideration 
of bills.i 

LAW 5 OF 1848. 

On the Election of Representatives on the Principle of the 
Representative System.- 

Article 5. The House of Representatives shall consist of 4.')3 mem- 
bers, who shall enjoy equal voting power, and who shall be elected in 
accordance with the apportionment made on the basis of population, 
territory and economic conditions.^ 

The Diet of the Kingdom of Croatia, Slavonia and Dalmatia shall 
elect iO representatives.* 

LAW 8 OF 1848. 

On Equality in Regard to Taxation. 

All the inha])itants of Hungary and its dependencies are subject 
Avithout distinction, er^ually and proportionately, to all public 
charges.^ 

LAW 18 OF 1848. 

On the Press. 

The previous censorship being abolished forever, and the freedom 
of the press having been reestablished, the guaranty of this freedom 
shall be provisionally assured by the following stipulations : 

Article 1. Every person can freely express and circulate his 
thoughts through the medium of the press. * * * 

^ French translation of the regulations of the two houses appears in F. Moreau et 
J. Delpech, Les Bcylements des AssemMees legislatives, vol. i (Paris, 1906), pp. 482 
and .51.'. 

2 See Law 33 of 1874 (p. 34). 

^ As amended to 1881. The remainder of this law has been repealed. Law 24 of 1901 
provides that a member of the House of Representatives shall not occupy any ofBce or 
accept any position which is dependent upon the nomination or appointment of the 
Crown, the government, or the organs of government, and which carries with it a salary 
or compensation. From this rule arc excepted the royal Hungarian ministers, undersec- 
retaries of State and occupants of some other less important positions, 

■• The Croatian members sit in the Hungarian Diet only for the consideration of matters 
common to Hungary and Croatia ; these matters are principally finance, defense and the 
monetary sj'stem ; in other matters the Croatian Diet legislates independently. 

^ The rest of the law contains only transitory provisions. 



34 CONSTITUTIONS OF THE STATES AT WAR. 

LAW 20 OF 1848. 

On the Religious Cults.^ 

Art. 2. Absolute equality and reciprocity are established without 
distinction in what concerns all the religious confessions legally 
recognized in this country. 

LAW 33 OF 1874. 

On the Modification and Amendment or Law 5 or 1848, and of the 
Transylvanian Law 2 of 1848. 

chapter I. QUALIFICATIONS OF VOTERS.^ 

Article 1. With the exception of females, the right to vote in the 
election of representatives may be exercised by all native or natu- 
ralized citizens who have attained the age of 20 years and who 
possess the qualifications mentioned in Articles 1 and 2 of Law 5 of 
1848 and in Articles 3 and 4 of the Transylvanian Law 2 of 1848 and 
more particularly specified in the subsequent articles. 

Art. 2. In future the right to vote may no longer be exercised 
upon the basis of the privileges existing before the year 1848 ; how- 
ever, those who were registered upon such basis in one of the lists 
of voters for representatives prepared between 1848 and 18T2, in- 
clusive, in conformity with Law 5 of 1848 and the Transylvanian 
Law 2 of 1848, shall personally remain in the exercise of this right. 

Art. 3. In the rojsd free cities and in cities with an organized ad- 
ministration the right to vote shall belong to those who possess alone 
or jointly with their wives and minor children: 

a. A house which, even if temporarily exempt from taxation, 
consists of at least three different parts, subject to the household 
tax; or 

h. Land which is assessed on the basis of a net income of 16 
florins. 

Art. 4. In those sections of the country in which Law 5 of 1848 
is eifective, the right to vote shall belong to those who in the larger or 
smaller communes possess one fourth of an urbarial share ^ or other 
land of an equal area either alone or jointly with their wives and 

1 Only Article 2 has been translated here, because it establishes a principle which may 
be regardecl as constitutional. This principle has been developed by Law 53 of 1868. 
See DarestEj op. cit., p. 488. note 2. 

2 Only the first thirteen articles of this law have been given ; the other articles (14- 
121) relate to proof of cjualiflcalions and to electoral procedure. 

2 rpjje urbarial system is a remnant of the older land tenures ; it refers to lands re- 
leased by the lords and cultivated by the peasants on their own account ; the area of the 
urbarial share varies for different parts of the country. 



AUSTRIA-HUNGARY: HUNGARY. 35 

minor children, it being immaterial in whose name this property is 
registered. 

Lands upon which the tax imposed is equal to that of the most 
lightly taxed one-fourth urbarial share in the same commune shall 
be regarded as equal in size to one fourth of an urbarial share. 

In case the urbarial system does not exist in a given commune, the 
most lightly taxed one-fourth urbarial share of any neighboring com- 
mune resembling the given commune most nearly in land values 
shall be taken as the standard. 

In those parts of the provincialized military border which have 
been incorporated in the counties of Bacs-Bodrogh, Temes, Torontal, 
and Krasso, and in the county of Szoereny, 10 joch of cultivated 
land, each of 3,200 square yards, shall be equal to one fourth of an 
urbarial share; in the counties of Middle Szolnok. Kraszna, and 
Zarand, in the Koevar district, in Jazygia and Cumania 8 joch of 
2.400 square j'-ards shall equal one fourth of an urbarial share. 

Bottom land, gardens, vineyards, arable land and meadows shall 
be regarded as cultivated ground. 

Aet. 5. In those parts of the country in which the Transylvanian 
Law 2 of 1848 is in force, the right to vote may be exercised by tliose 
who in the larger or smaller communes : 

a. Pay land taxes according to the present land-tax valuation 
on a net income of 84 florins, but if they own a house belonging in 
the first class of taxable property, on an income of 79 florins, 80 
kreuzer. and if the house be rated in the second or a higher class, 
on an income of 72 florins, 80 kreuzer. 

In case of the correction of the present valuation or of the adop- 
tion of a new valuation, the above-mentioned amounts of income shall 
be changed to agree with the change in ratio between the present 
assessments of apparent total net income from land in the Transyl- 
vanian districts and those of the altered valuation. 

h. Or pay the public tax on a net annual income of not less than 
10,") florins, subject either to the land or house tax, or to the income 
tax of the first or third class. 

In addition to those qualified in accordance Avith Law 12 of 1791, 
every commune which has at least 100 homesteads may also take part 
in the election of representatives through two informally chosen 
electors, smaller communes, however, having one elector. 

Art. 6. The right to vote shall belong also to those : 

a. "^^^10 possess a house, either alone or jointly with their wives 
and minor children, in the manner provided by Article 4, upon which 
the house tax has been assessed on an annual income of not less than 
105 florins. 



36 CONSTITUTIONS OF THE STATES AT WAR. 

h. Who pay the public-land tax mentioned under a, or a tax on 
capital or on both land and capital, upon a net annual income of 
not less than 105 florins. 

c. Who as merchants or manufacturers are taxed upon an annual 
income of not less than 105 florins. 

d. Who in the royal free cities or in cities with an organized 
administration are taxed as artisans upon an annual income of not 
less than 105 florins. 

e. Who in the larger or smaller communes pay the income tax 
for not less than one employee. 

Art. 7. The right to vote shall belong also to those who pay the 
income tax on an annual income of not less than 105 florins, which, 
according to Law 26 of 1868, is rated in the first class ; or who pay 
this tax on an annual income of not less than 700 florins under the 
provisions of the second class ; moreover, those State, municipal, and 
communal officers may vote who pay the income tax on an annual 
income of not less than 500 florins under the provisions of the 
second class. 

Art. 8, In cases covered by Articles 6 and 7, it is required that 
electors, to be entered on the voting lists in accordance with the pro- 
visions there mentioned, must have already been taxed in the preced- 
ing year upon an income not less than that fixed above. 

Art. 9. Without regard to income, the following may vote in the 
electoral districts in which they have their fixed residence : The mem- 
bers of the Hungarian Academy of Sciences, professors, members of 
academies of fine arts, physicians, lawyers, notaries public, engineers, 
surgeons, druggists, graduates of agricultural schools, foresters and 
mining engineers, clergymen, chaplains, communal notaries, teach- 
ers and licensed kindergarten teachers. 

It is required, however, that pastors and chaplains in order to exer- 
cise the right to vote shall actively officiate as such in some officially 
established congregation. 

Professors, school teahcers, kindergarten teachers and communal 
notaries, on the other hand, shall have the right to vote only in case 
they have been legally appointed or elected to their position or have 
been confirmed therein. 

Art. 10. Persons under paternal authority, under guardianship, 
or under employers' authority, even though they possess one of the 
qualifications mentioned in the preceding section, shall not have the 
right to vote. 

The apprentices of merchants and artisans and those employed 
in public or private service as servants or domestics shall be regarded 
as being under employers' authority. 



AUSTRIA-HUNGARY : HUNGARY. 37 

Overseers of estates are not regarded as under such authority. 
Art. 11. The right to vote shall not be exercised: 

1. By soldiers in the army, sailors and members of the national 
guard, whether on active duty or temporarily on leave during their 
term of enlistment, but reservists and members of the national guard 
summoned in conformity with Article 36 of Law 40 of 1868 and Law 
32 of 1873 for military inspection and temporary service are not 
included Avithin this provision. 

2. By members of the finance, customs and revenue police. 

3. By members of the armed police. 

4. By members of the State, municipal and communal police. 
Therefore they shall not be registered in the lists of voters. 
Art. 12. The right to vote shall not be exercised by those : 

1. Who have been condemned to imprisonment on account of 
some crime or misdemeanor, or of some violation of the press laws 
mentioned in Articles 6 to 12 of Law 18 of 1848, during the continu- 
ance of such imprisonment. 

2. Who, on, the basis of a valid judicial finding, are being held 
for trial because of some crime or misdemeanor. 

3. Who have been disqualified as voters by a regular judicial 
proceeding, during the time fixed by the judicial sentence. 

4. Who have become bankrupt, until the^^ are discharged. 
Such persons shall, therefore, not be registered in the list of voters, 

even if otherwise entitled to vote. 

The electors mentioned in Clauses 1, 2, 3 and 4, if otherwise entitled 
to vote, shall be registered in special lists and may by way of excep- 
tion exercise the right to vote on proof of acquittal or of their dis- 
cliarge from bankruptcy by a valid judicial decision, or if they can ^ 
furnish evidence by certificate from the competent authorities that 
they have served the full term of their sentence, or upon proof, by 
reference to the original judgment, that the term of their disabilities 
has expired; such evidence to be submitted to the commission charged 
with the preparation and correction of the lists of voters or, finally, 
to the president of the election. 

Art. 13. Everj- elector who has reached his twenty-fourth year 
shall be eligible as a representative, provided he is registered in the 
list of voters and is qualified in the Hungarian language, which in 
accordance with law is the legislative language. 

Those sentenced after the present law has become operative by a 
regular judicial proceeding on account of murder, robbery, arson, 
larceny, concealment, forgery, fraud, fraudulent bankruptcy, or per- 
jury shall not be eligible. 



38 CONSTITUTIONS OF THE STATES AT WAR. 

LAW 7 or 1885. 

Altering the Organization of the Table of Magnates.^ 

chapter i. the organization of the table of magnates. 

Article 1. Members of the Table of Magnates shall be those who 
have the right to sit and vote therein b}^ virtue : 
a. Of hereditary right. 
l>. Of their high rank or office. 

c. Of their appointment for life by His Majesty the King. 

d. Of election by the Diet of Croatia-Slavonia - in accordance 
with Law 15 of 1881.*^ 

Art. 2. By virtue of hereditary right the following shall be men- 
bers of the Table of Magnates : 

a. The archdukes of the royal family who are of full age. 
h. All male members of 24 years of age of families which have 
heretofore had the right of membership in the Hungarian Table of 
Magnates or which had received from the Hungarian King the 
title of count or baron in Transylvania before the union of that 
principality with Hungary, if they alone or together with the wives 
and minor children living in a common household with them possess 
and enjoy or have a life interest or a family interest in trust in real 
estate within Hungarian territory, assessed upon the new cadaster of 
1885 for the direct national land tax to an amount of not less than 
3,000 florins, Austrian value, including therein the house taxes upon 
residences and industrial establishments attached to such real property. 

With reference to families of magnates whose members, besides 
their rights in the Hungarian Upper House, have by birth or in 
some other manner a seat and vote in the legislature of another 
State of the monarchy or of any other country, it is provided that, 
if they possess the property qualification mentioned in Clause h 
of this Article by virtue of their real property located in Hun- 
garian territory, their rights in the Hungarian Upper House shall 
not be exercised unless they deliver once for all to the president of 
the Eoyal Hungarian Ministry a declaration that they for them- 
selves will exercise such right only in the Hungarian Upper House; 
this declaration shall be made within six months after the comple- 
tion of the twenty-fourth year, and if such age has already been 
reached, before 1 July 1885. 

The president of the ministry shall transmit this declaration to 
the president of the Table of Magnates within eight days after its 

^ Chaps. 2, 3 and 4 of this law are omitted ; they contain provisions regarding the 
appointment of officers, order of business and other matters of less importance. 
2 Croatia-Slavonia elects 3 members of the Table of Magnates. 



AUSTRIA-HUNGARY: HUNGARY. 39 

receipt, if the Diet is in session, and if it is not in session, within 
eight days after its assembling. 

c. Hungarian citizens by birth and their legitimate male de- 
scendants in a direct line, upon whom His Majesty, upon the proposal 
of the Council of Ministers, has especially conferred the right of 
hereditary membership in the Table of Magnates, in addition to the 
corresponding title (duke, count, or baron). 

Hungarian citizens who are not such by birth may be granted 
membership in the Upper House upon the proposal of the Council 
of Ministers only by means of legislation. 

In either case the Council of Ministers may propose only Hun- 
garian citizens of merit who have attained the age of 24 years, are 
of age and possess the i:)roperty qualifications provided by this 
article. 

Art. 3. If a member of one of the families designated in Clauses h 
•and c of Article 2 does not possess the required property qualification, 
or loses it later, his right shall cease from that time but shall be 
revived if he afterward regains this qualification. 

In the latter case the right may be exercised in the session follow- 
ing the one in which the qualification is established. 

Art. 4. By virtue of their high rank or office, and during the 
continuance thereof, the following shall be members of the Table of 
Magnates : 

A. a. The standard bearers of the Kingdom and the Count of 
Pozsony (Pressburg). 

h. The two curators of the Crown. 

c. The governor of Flume. 

d. The president and vice-president of the Supreme Court and 
the president of the Court of Appeals of Budapest. 

B. Also by virtue of their high rank and of their offices the fol- 
lowing shall be members of the Table of Magnates during the con- 
tinuance of their ecclesiastical offices : 

a. The Roman Catholic Church dignitaries of the Latin and 
Greek rite in the lands of the Hungarian Crown, viz., the Prince 
Primate of Hungary and the other archbishops, the bishops of 
dioceses, and the likewise royally appointed suffragans of Belgrade 
and Tinnin (Knin), and finally, the Archabbot of Pannonhalma 
(Martinsberg), the Provost of Jaszo and the Prior of Auranien. 

b. The dignitaries of the Oriental Greek Church : the Servian 
Patriarch, the Roumanian Metropolitan and the bishops of dioceses. 

c. The three senior bishops of the Evangelical Reformed Church 
and of the Evangelical Church of the Augsburg Confession; the 
three senior superintendents of the Evangelical Reformed Church, 
taking into account the religious district of Transylvania, especially 



40 COXSTITUTIOXS OF THE STATES AT WAE. 

the senior superintendent: the inspector general and the two senior 
direct inspectors of the Evangelical Church of the Augsburg Con- 
fession; and finally, one of the senior presidents, either bishop or 
superintendent, of the Unitarian Church. 

Art. 5. Those whom His Majesty the King appoints, upon the pro- 
posal of the Council of Ministers, from among the citizens of all the 
countries of the Crown of St. Stephen, in recognition of merit and 
to increase the prestige of the Upper House thereby, shall be life 
members of the Table of Magnates. 

As soon as the upper house is organized in accordance with the 
present law, the number of members appointed for life shall not 
exceed 30. In future such appointments shall take place gradually, 
and in no case shall more than five appointments be made in one year. 
The total number of life members shall never exceed 50. 

Art. 0. The fact that a person is engaged in military service, is in 
the active performance of a civil or religious office, or is appointed to 
such a position, imposes no obstacle to the exercise of a right of mem- 
bership in the Table of Magnates belonging to him, or to his being 
named a hereditary or life member thereof. 

Art. T. Should new offices or j^ositions of high rank be created or 
should new bishoprics or ecclesiastical districts be established by the 
religious confessions mentioned in Article 4, such offices and positions 
shall not carry with them the right to a seat in the Table of Magnates, 
unless this is expressly provided by law. 

Art. 8. The members designated by Article 1, Clause d^ shall have 
the right to take part in the deliberations and voting only with refer- 
ence to the matters common to the countries and provinces of the 
Hungarian Crown. 

Art. 9. Without prejudice to the provision of Article 59 of Law 30 
of 1868,^ no person shall be a member of the Table of Magnates who 
does not satisfy the provisions of Article 1 of Law 44 of 1868, accord- 
ing to which Magyar is the only langTiage of legislation. 

Art. 10. Members of the Table of Magnates shall lose their mem- 
bership in the following cases : 

a. A member by virtue of his high rank or office, when he ceases 
to hold such office or position, because of voluntary resignation or 
of legal disciplinary or judicial proceedings. 

Ij. A life member, when his resignation is accepted by His Maj- 
esty, uj^on tlie proposal of the Council of Ministers. 

c. A member elected by the Diet of Croatia-Slavonia, when his 
term of election expires. 

' The ]aw which permits the members from Croatia-Slavonia to use theii' o.wn language 
in the Hungarian Di'-t. 



AUSTRIA-HUXGARY : HUNGARY. 41 

<L Any member, Avithout reference to the legal basis of his mem- 
bership. Avho ma}' be condemned by the regular courts to prison or 
to imprisonment at hard labor, or for a crime or misdemeanor com- 
mitted for the purpose of gain, or who has lost his citizenship. 

Art, 11. The right is not lost but its exercise is suspended: 

a. During the time for which a member has been condemned by 
the regular courts to a suspension of political rights on account of 
a crime or misdemeanor not coming within Article 10. Clause d. 

h. During the period of bankruptcy of those who become bank- 
rupt. 

c. During the continuance of guardianship of those who have 
been placed under guardianship, except in cases of guardianship be- 
cause of prodigality or absence. 

(I. For hereditary members, during the session in the course of 
which it is decided, in accordance with Article 19 of this law. that 
they have lost the property qualification of membership. 

Art. 1'2. When a person, who is a member of the Table of Mag- 
nates by virtue of Article 4, Section A or Section B, Clauses a and 
h, or of Article 5, is elected a representative and accepts such elec- 
tion, he shall cease to be a member of the Table of Magnates; but as 
soon as the office of a representative is ended, those mentioned in 
Article 4, -Section B, Clauses a and 6, shall at once regain their 
meriibership in the Table of ^Magnates and may exercise it in the 
next session. The other members of the Table of Magnates men- 
tioned in this paragraph may recover their membership in accord- 
ance with Articles 4 and 5. 

Should the ecclesiastical and lay dignitaries mentioned in Article 
4, Section B, Clause c, be elected as representatives and accept 
such election, the senior one of their colleagues who is not already 
a member of the Upper House shall take the place and hold it, 
while he lives and (ills the office, even though the pei'son, whose 
place he occupies, ceases to be a representative. 

Should a hereditary member of the Table of Magnates be elected 
a representative and accept such election, he shall not exercise his 
rights of membership in the Table of ^Magnates during the term of 
his office as representative, and should he resign the office of repre- 
sentative during the course of a session, his membership in the Table 
of Magnates does not revive until the following session. 

Every member of the Table of Magnates who is elected a repre- 
sentative is bound, after the verification of his election, to inform 
the president of the Table of Magnates whether or not he has ac- 
cepted such election; the president shall bring this information to 
the knowledge of the House. 
SS3S1— 19 4 



BELGIUM. 

The Protocol of 21 June 1814 ^ united Belgium with Holland, and 
the Constitutional Law of the Netherlands, promulgated on 27 August 
1815,2 ^,jjg therefore common to the two countries until the Belgian 
Eevolution of 25 August 1830. A National Congress of Belgians 
was convened on 10 November 1830, but even before it met, the pro- 
visional government of Brussels, bj^ decrees of 6, T, 8, 9 and 14 
October 1830, named a committee of twelve to prepare an outline 
of a Constitution. This committee declared itself in favor of the 
adoption of a constitutional monarchy as the form of government. 
The National Congress proclaimed the independence of Belgium on 
18 November,^ and adopted the monarchial form of government and 
the bicameral system of representation on 22 November. The Con- 
stitution was drafted on the basis of the outline adopted by the com- 
mittee of twelve and was passed in its entirety on 7 February 1831, 
which is the date officially given to it, although it was not promul- 
gated until 11 February.* Leopold of Saxe-Coburg became King 
in June of the same year. The Belgian Constitution of 1831 re- 
mained unaltered for over 60 years, and proposals for its revision 
were rejected by large majorities in 1871, 1883 and 1887. 

In 1892, however, the three powers of the State united in asking 
for the revision of 13 articles of the constitution, the special object 
of the reform being the electoral system of the two houses. New 
houses were elected on 14 June following, in conformity with Article 
131 of the Constitution. A series of decrees, all dated 7 September 
1893, promulgated the text of the revised articles.^ 

In accordance with a treaty signed at Brussels on 28 November 
1907," the administration of Congo Free State was taken over by 
Belgium, and, by a roj-al decree of 4 November 1908, 15 November 
was fixed as the date for the actual assumption of the exercise of the 
sovereign rights. On 18 October 1908 ^ a separate Constitutional 
Law for the Congo was sanctioned b}^ the King.^ 

1 Signed at Vienna on 14 June and approved at Paris on 21 June. French text in 
Martens, Nouveaii Beciicil, supp., 1 : p. 330 ; English translation in HertsleTj Map of 
Europe by Treaty, vol. i (London, 1875), p. 40. 

- French text in British and Foreign State Papers, 3 : pp. 16-43, with rroclamation on 
pages 43-45. 

3 French text of the Proclamation in British and Foreign State Papers, 17 : p. 1241. 

* French text of the Proclamation in British and Foreign State Papers, 18 : p. 1052. 

5 French text of the decrees, each of which contains one revised article, in British and 
Foreign State Papers, 85 : pp. 783-788. 

•'French text in British and Foreign State Papers, 100: pp. 705-70(5. 

' French text of the Law of 18 October 1908 in British and Foreign State Papers, 101 : 
pp. 733-742, and F. R. Daeestk et P. Daeeste, Les Constitutions nwdernes (Paris, 1010), 
vol. I, pp. 98-104. 

* These introductory paragraphs are based on Dareste, op cit., pp. 73 and 96-97. 

43 



44 CONSTITUTIONS OF THE STATES AT WAR. 

CONSTITUTION OF 7 FEBRUARY 1831, WITH AMENDMENTS OF 7 

SEPTEMBER 1893.^ 

Title I. — The Tekritoky and Its Divisions. 

Article 1.^ Belgium is divided into provinces. 

These provinces are: Antwerp, Brabant, West Flanders, East 
Flanders, Hainaut, Liege, Limbourg, Luxembourg, Namur. 

If there should be occasion for it, the territory may be divided by 
law into a greater number of provinces. 

The colonies, possessions beyond the sea, or protectorates which 
Belgium may acquire shall be governed by special laws. The Bel- 
gian forces required for their defense shall be recruited only by vol- 
untary enlistment. 

Art. 2. Subdivisions of the provinces shall not be made except 
by law. 

Art. 3. The boundaries of the State, of the provinces and of the 
communes shall not be changed or rectified except by law. 

Title II. — Belgian Citizens and Their Eights. 

« 

Art. 4. Belgian nationality is acquired, retained and lost accord- 
ing to regulations established by the civil law. 

The present Constitution and the other laws relating to political 
rights determine what other conditions are necessary for the exercise 
of these rights. 

Art. 5. Naturalization is granted by the legislative power. 

Full naturalization alone admits foreigners to equality with Bel- 
gians in the exercise of political rights.^ 

Art. 6. There sliall be no distinction of classes in the State. 

All Belgians are equal before the law ; they alone are admissible to 
civil and military offices, with such exceptions as may be established 
by law for particular cases. 

Art. 7. Individual liberty is guaranteed. 

iSTo one may be prosecuted except in cases provided for by law and 
in the form therein prescribed. 

1 Translation based upon W. F. DodDj Modern Constitutions (Chicago, 1909), vol. i, pp. 
126-148, which is based in part on the translation of J. M. Vincent and A. S. Vincent 
in the Supplement to the Annals of the American Academy of Political and Social 
Sciencees, May, 1896 (Philadelphia, 1896), pp. .309-333. English translation (by Francis 
B. Lee) of the Constitution of 1831 without the amendments of 1893 appears in Foreign 
Constitutions [The Convention Manual of the Sixth Neio York State Constitutional 
Convention, 189i, part 2, vol. 3] (Albany, 1894), pp. 35-54. French translation in 
DaebstEj op. cit., pp. 74-95, and Paul PoseneEj Die Staatsverfassungen des Erdhalls 
(Charlottenburg, 1909), pp. 2-16. 

" As amended 7 September 1893. The boundaries of the Kingdom of Belgium were 
definitively fixed by the treaty of 19 April 1839. The provision regarding colonies was 
introduced in 1893 to give the government power to administer the Congo Free State 
when it should become a Belgian possession. 

3 Laws of 6 August 1881 and 25 March 1894. 



BELGIUM. 45 

Except when one is taken in the commission of an offense no one 
may be arrested without a warrant issued by a magistrate, which 
ought to be shown at the time of arrest, or at the latest within 2-i 
hours thereafter.^ 

Art. 8. No person shall be removed against his will from the juris- 
diction of the judge to whom the law assigns him. 

Art. 9. No penalty shall be established or enforced except by virtue 
of a law. 

Art. 10. The private domicile is inviolable ; no search of premises 
shall take place except in the cases provided for by law and according 
to the form therein prescribed. 

Art. 11. No one may be deprived of his property except for a pub- 
lic purpose and according to the forms established by law, and in 
consideration of a just compensation previously determined. 

Art. 12. Punishment by confiscation of property shall not be estab- 
lished. 

Art. 13. Total deprivaition of civil rights {inort civile) is abol- 
ished and shall not be reestablished. - 

Art. 14. Eeligious liberty and the freedom of public worship, as 
well as free expression of opinion in all matters, are guaranteed, with 
the reservation of power to suppress offenses committed in the use 
of these liberties. 

Art. 15. No one shall be compelled to join in any manner what- 
ever in the forms or ceremonies of any religious denomination, nor 
to observe its days of rest. 

Art. 16. The State shall not interfere either in the appointment 
or in the installation of the ministers of any religious denomination 
whatever, nor shall it forbid them to correspond with their superiors 
or to publish their proceedings, subject, in the latter case, to the ordi- 
nary responsibility of the press and of publication. 

Civil marriage shall always precede the religious ceremony, except 
in cases to be established by law if found necessary. 

Art. 17. Private instruction shall not be restricted; all measures 
interfering with it are forbidden; the repression of offenses shall be 
be regulated by law. 

Public instruction given at the expense of the State shall likewise 
be regulated by law.^ 

Art. 18. The press is free; no censorship shall ever be established; 
no security shall be exacted of writers, publishers, or printers.* 

1 Law of 20 April 1874. amended 30 May 1S89. 

- La mort civile is abolished as a punishment by itself. The condition follows as a sec- 
ondary consequence of condemnation to death, hard labor, or transportation for life. ' 

*Ijaws of 20 September 1S84 and 15 September 1895 on primary instruction; Law of 
1 June 1850 on secondary education, amended 15 June 1881 ; Laws of 27 September 18.35 
and 15 July 1849 on higher education ; and Laws of 10 April 1890 and 3 July 1891 on the 
conferring of academic degrees. 

* See also Articles 96 and 98 which relate to trials of offenses of the press. 



46 COKrSTITUTIO]!^S OF THE STATES AT WAR. 

In case the writer is known and is a resident of Belgium, the pub- 
lisher, printer, or distributor shall not be prosecuted. 

Art. 19. Belgians have the right, without previous authorization^ 
to assemble peaceably and without arms, conforming themselves to 
the laws which regulate the exercise of this right. 

This provision does not apply to assemblies in the open air, which 
remain entirely under the police laws. 

Art. 20. Belgians have the right of association; this right shal] 
not be restricted by any preventive measure. 

Art. 21. Anyone has the right to address petitions to the public 
authorities, signed by one or more persons. 

Legally organized bodies alone have the right to petition under a 
collective name. 

Art. 22. The privacy of correspondence is inviolable. The law 
shall determine who are the agents responsible for the violation of 
the secrecy of letters entrusted to the post. 

Art. 23. The use of the languages spoken in Belgium is optional. 
This matter may be regulated only by law and only for acts of public 
authority and for judicial proceedings.^ 

Art. 24. No previous authorization is -necessary to bring action 
against public officials for the acts of their administration, except 
as provided for ministers. - 

Title III. — Concerning Power. 

Art. 25. AH powers emanate from the people. 

They shall be exercised in the manner established by the Con- 
stitution. 

Art. 26. The legislative power shall be exercised collectively by 
the King, the House of Kepresentatives and the Senate. 

Art. 27. Each of the three branches of the legislative power shall 
have the right of initiative. 

Nevertheless, all laws relating to the revenues or expenditures of 
the State or to the army contingent must be voted first by the House 
of Representatives. 

Art. 28. The authoritative interpretation of the laws shall belong 
only to the legislative power. 

Art. 29. The executive power is vested in the King, subject to tha 
regulations of the Constitution. 

Art. 30. The judicial power shall be exercised by the courts and 
the tribunals. 

Decrees and judgments shall be executed in the name of the King. 

^ Laws and royal decrees are published in French in the Momteiir; the French text is 
the only oflScial text. Flemish may he used in some official documents (see Dakestb. 
op. cii., p. 77, note 1). 

2 See below. Articles 63, 90 and 134. 



BELGIUM. 47 

Art. 31. Exclusivel}'^ communal or provincial affairs shall be regu- 
lated by the communal or provincial councils, according to the 
principles established b}^ the Constitution. 

CHAPTER I. THE HOUSES. 

Art. 32. The members of the two houses shall represent the nation, 
and not the province alone, nor the subdivision of the province which 
elected them. 

Art. 33. The sessions of the houses shall Le public. 

Nevertheless each house may resolve itself into a secret committee 
upon the demand of its president or of 10 members. 

It shall then decide by vote of an absolute majority whether the 
scission shall be resumed in j)ublic upon the same subject. 

Art. 34. Each house shall judge of the qualifications of its own 
members, and shall decide all contests which arise upon that subject. 

Art. 35. No person shall at the same time be a member of both 
houses. 

Art. 36. Any member of either of the tw^o houses, who shall be 
appointed by the government to any other salaried office except that 
of minister, and who accepts the same, shall vacate his seat innne- 
diately, and may resume his duties only by virtue of a new election.^ 

Art. 37, At each session, each of the houses shall elect its presi- 
dent, its vice president, and shall form its bureau. ^ 

Art. 38. An absolute majority of the votes shall be necessary to 
pass any resolution except as otherwise established by the rules of 
the houses in regard to elections and nominations.^ 

In case of an equal division of votes, the proposition imder con- 
sideration is rejected. 

Neither of the tw^o houses shall pass a resolution unless a majority 
of its members are present. 

Art. 39. The votes shall be viva voce or by rising and sitting ; the 
vote on a law as a Avhole shall always be by roll call and viva voce. 
The election and nomination of candidates shall be by secret ballot. 

Art, 40. Each house has the right to investigate the conduct of 
public affairs.* 

Art. 41. A proposed law shall not be passed by either of the 
houses unless it has been voted upon article by article. 

Art. 42. The houses have the right to amend and to divide the 
articles and amendments proposed. 

1 As amended 7 September 1893. By the original article ministers were also required to 
seek reelection. Tlie principle laid down in this article is developed in Articles 2oS and 
239 of the Electoral Law (1894). 

2 The term " bureau " is used to refer to all other officers of the lesislative body, e. g., 
secretaries, etc. 

3 For questions requiring a two-thirds vote, see Articles 61, 62 and 131. 

* Law of 3 May 1880 to regulate the form of parliamentary investigations. 



48 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 43. To present petitions in person to the houses is forbidden. 

Each house has the right to send to the ministers the petitions 
which are addressed to it. The ministers are obliged to give ex- 
planations upon the contents of such petitions whenever the house 
demands. 

Art. 44. No member of either house shall be arrested or prose- 
cuted on account of opinions expressed or votes cast by him in the 
performance of his duties. 

Art. 45. No member of either house shall during the continuance 
of the session be prosecuted or imprisoned after trial, except by the 
authority of the house of which he is a member, unless he be ap- 
prehended in the commission of an offense. 

No member of either house shall be arrested during the session, 
except by the same authority. 

The detention or the prosecution of a member of either house shall 
be suspended during the session and for the entire term, if the house 
so demands. 

Art. 46. Each house shall determine by its own rules the manner 
in which it is to exercise its powers.^ 

SECTION 1. THE HOUSE OF REPRESENTATIVES. 

Art. 47.^ The members of the House of Representatives shall be 
chosen by direct election under the following regulations : 

One vote is allotted to citizens who have reached the age of 2.5 
years, resident for at least one year in the same commune, and who 
are not otherwise excluded by law. 

One additional vote is allotted in consideration of any one of the 
following conditions : 

1. Having reached the age of 35 years, being married or a 
widower with legitimate offspring, and paying to the State a tax 
of not less than 5 francs as a householder, unless exempt on account 
of his profession. 

2. Having reached the age of 25 years and being the owner either 
of real estate of the value of at least 2,000 francs, said value to be 
rated on the basis of the cadastral assessment, or possessing income 
from land corresponding to such valuation, or being inscribed in the 
great book of the public debt, or possessing obligations of the 
Belgian government savings bank bearing at least 100 francs interest. 

These inscriptions and bank books must have belonged to the 
holder for at least two years. 

^ See F. MoREAu et J. Delpech, Les Reglementa des Assemhlees legislatives, vol. i 
(Paris, 1906), pp. 617 and 637. 

2 As amended 7 September 1893. Elections of representatives are regulated by Laws of 
12 April and 28 June 1894, as* modified by Laws of 11 June 1896, 31 March 1898, 29 
December 1899, and 18 April 1902. Proportional representation was introduced by the 
Law of 29 December 1899. 



BELGIUM. 49 

The property of the wife is counted with that of the husband; 
that of minor children with that of the father. 

Tavo additional votes are allotted to citizens who have reached the 
age of 25 years and who fulfill the following conditions: 

a. Holding a diploma from an institution of higher instruction, 
or an indorsed certificate showing the completion of a course of sec- 
ondary education of the higher degree, without distinction between 
public or private institutions. 

h. Filling or having filled a public office, holding or having held 
a position, practicing or having practiced a private profession which 
presupposes that the holder possesses at least the knowledge im- 
parted in secondary instruction of the higher degree. These offices, 
positions, and professions, likewise the time during which they must 
have been held or practiced, shall be determined by law. 

No one shall have more than three votes. 

Art. 48.^ The constitution of the electoral colleges shall be regu- 
lated by law for each province. 

Voting is obligatory ; it shall take place in the commune, when not 
otherwise determined by law. 

Art. 49. The number of representatives shall be determined by 
law, according to the population; this number shall not exceed the 
proportion of one representative for 40,000 inha])itants. The qualifi- 
cations of an elector and the process of election shall also be deter- 
mined by law. 

Art. 50. To be eligible it is necessary : 

1. To be a Belgian citizen by birth, or to have received full 
naturalization. 

2. To enjoy civil and political rights. 

3. To have reached the age of 25 years. 

4. To be a resident of Belgium. 

No other condition of eligibility shall be required. 

Art. 51.- The members of the House of Representatives shall be 
elected for a term of four years; one half being elected q\qv\ two 
years, in the order determined by the electoral law. 

In case of dissolution, the House shall be entirely renewed. 

Art. 52. Each member of the House of Representatives shall 
receive an annual compensation of 4,000 francs. 

He shall have, in addition, the right of free transportation upon all 
State and concessionary railways from the place of his residence to 
the city where the session is held, 

lAs amended 7 September 1803. The obligation of voting is sanctioned by Article 223 
of the Electoral Code. In the legislative elections of 1000, the proportion of absentees 
averaged 6 per cent. 

- As amended 7 September 1803. 



50 CONSTITUTIONS OF THE STATES AT WAK. 

SECTION II. — THE SENATE. 

Art. 53.^ The Senate shall be composed : 

1. Of members elected according to the population of each prov- 
ince, conformably to Article 47 ; though the law may require that the 
electors shall have reached the age of 30 years. The provisions of 
•Article 48 are applicable to the election of senators. 

2. Of members elected by the provincial councils, to the number 
of two for each province having less than 500,000 inhabitants, of 
three for each province having from 500,000 to 1,000,000 inhabitants, 
and of four for each province having more than 1,000,000 in- 
habitants. 

Art. 54." The number of senators to be elected directly by the 
voters shall be equal to one half the number of members of the House 
of Representatives. 

Art. 55. Senators shall be elected for a term of eight years; one 
half being elected every four years in the order determined by the 
electoral law. 

In case of dissolution, the Senate shall be entirely renewed. 

Art. 56.^ In order to be elected and to remain a senator, it shall be 
necessary : 

1. To be a Belgian citizen by birth, or to have received full natu- 
ralization. 

2. To enjoy civil and political rights. 

3. To be a resident of Belgium. 

4. To be at least 40 years of age. 

5. To pay into the treasury of the State at least 1,200 francs of 
direct taxes, including licenses. 

Or to be either the proprietor or the usufructuary of real estate 
situated in Belgium, the assessed income of which amounts to at 
least 12,000 francs. 

In the provinces where the number of those eligible does not reach 
the proportion of one for every 5,000 inhabitants, the list shall be 
completed by the addition of as many of the highest taxpayers of 
the province as may be necessary to make this proportion. The citi- 
zens on this supplementary list are eligible only in the province where 
they reside. 

Art. 56 his^ The senators elected by the provincial councils shall 
be exempt from all property qualification ; they shall not be members 

^As amended 7 Septemloer 1893. The election of senators by the provincial councils is 
an innovation of the reform of 1893. According to the electoral lists for 190B-1907, the 
number of senatorial electors was 1,8.56,542, and that of the supplementary votes was 
887,250. 

- As amended 7 September 1893. The Law of 18 April 1902 raised the number of 
senators directly elected by the electoral body to 83 and of those elected by the provincial 
councils to 27. 

3 As amended 7 September 1893. 

* Added 7 September 1893. 



BELGIUM. 51 

of tiie assembly which elects them, nor have been members of it 
during the year of the election nor during the two preceding years. 

Art. 57. Senators shall receive neither salar}^ nor emolument. 

Art. 58.^ The sons of the King, or if there be none, the Belgian 
princes of the branch of the royal family designated to succeed to the 
throne, shall be by right senators at the age of 18 years. They shall 
have no deliberate vote until the age of 25. 

Art. 59. Every meeting of the Senate which may be held at any 
other time than during the session of the House of Representatives 
shall be null and void. 

CHAPTER II. — THE KING AND THE MINISTERS. 

SECTION I. — THE KING. ■ 

Art. 60.- The constitutional powers of the King are hereditary in 
the direct descendants, natural and legitimate, of His Majesty Leopold 
George Christian Frederick of Saxe-Coburg, from male to male, in 
the order of primogeniture, and to the perpetual exclusion of females 
and of their descendants. 

The prince who shall marry without the consent of .the King, or 
of those who in his absence exercise his authority as provided by the 
Constitution, shall forfeit his rights to the crown. 

Nevertheless, with the consent of the two houses, he may be re- 
lieved of this forfeiture by the King or by those who, in his absence, 
exercise his authority according to the Constitution. 

Art. 61.^ In default of male descendants of His Majesty Leopold 
George Christian Frederick of Saxe-Coburg, the King may name his 
successor, with the consent of the houses expressed in the manner 
prescribed by the following article. 

If no nomination has been made after the manner described below, 
the throne will be vacant. 

Art. 62. The King shall not at the same time be the head of another 
State, without the consent of the two houses.* 

Neither of the houses shall deliberate upon this matter unless two 
thirds, at least, of the members Avho compose it are present, and the 
resolution must be adopted by at least two thirds of the votes cast. 

Art. 63. The person of the King is inviolable; his ministers are 
responsible. 

Art. 64. No decree of the King shall take effect unless it is coun- 
tersigned by a minister, who, by that act alone, renders himself 
responsible for it. 

1 As amended 7 September, 1893. 

2 Paragraphs 2 and 3 were added 7 September 1893. 

3 As amended 7 September 1893. Only the form of this article was changed. 

* King Leopold II was authorized by the House of Representatives (28 April 1885) and 
the Senate (30 April 1885) to be the sovereign of the Congo Free State. 



52 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 65. The King appoints and dismisses his ministers. 

Art. 66. He confers the grades in the army.^ 

He appoints the officers of the general administration and for 
foreign relations, except as otherwise established by law. 

He appoints other governmental officials only by virtue of an ex- 
press provision of law. 

Art. 67. He shall issue all regulations and decrees necessary for 
the execution of the laws, without power to suspend the laws them- 
selves, or to dispense with their execution. 

Art. 68. The King commands the forces both by land and sea, 
declares war, makes treaties of peace, of alliance and of commerce. 
He shall give information to the two houses of these acts as soon as 
the interests and safety of the State permit, adding thereto suitable 
comments. 

Treaties of commerce, and treaties which may burden the State, 
or bind Belgians individually, shall take effect only after having 
received the approval of the two houses. 

No cession, exchange, or addition of territory shall take place 
except by virtue of a law. In no case shall the secret articles of a 
treaty be destructive of those openly expressed. 

Art. 69. The King approves and promulgates the laws.^ 

Art. 70. The houses shall assemble each year, the second Tuesday 
in November, unless they shall have been previously summoned by 
the King. 

The houses shall remain in session at least 40 days each year. 

The King pronounces the closing of the session. 

The King, shall have the right to convene the houses in extraordi- 
nary session. 

Art. 71. The King shall have the right to dissolve the houses 
either simultaneously or separately. The act of dissolution shall 
order a new election within 40 days, and summon the houses within 
two months. 

Art. 72. The King may adjourn the houses. In no case shall 
the adjournment exceed the term of one month, nor shall it be re- 
newed in the same session, without the consent of the houses. 

Art. 73. He shall have the right to remit or reduce the penalties 
pronounced by the judges of courts, except such as are fixed by law 
in the case of ministers. 

Art. 74. He shall have the right to coin money, in accordance with 
the law. 

Art. 75. He shall have the right to confer titles of nobility, but 
without the power of attaching to them any privilege. 

1 The rules for military advancement are contained in the Laws of 16 June 1838. See 
below, Article 124. 

2 Law of 18 April 1898. 



BELGIUM. 53 

Art. 76. He may confer military orders in accordance with the 
provisions of the Law. 

Art. 77. The civil list shall be fixed by law for the duration of 
each reign. ^ 

Art. 78. The King shall have no other powers than those which 
the Constitution and the special laws, enacted under the Constitution, 
formally confer upon him. 

Art. 79. At the death of the King the houses shall assemble with- 
out a summons, at the latest on the tenth day after his decease. If 
the houses shall have been previously dissolved, and if in the act of 
dissolution the reassembling had been fixed for a day later than the 
tenth day, the former members shall resume their duties until the 
assembling of those who should replace them. 

If only one house shall have been dissolved, the same rule shall 
be followed with regard to that house. 

From the date of the death of the King and until the takin,g of 
the oath by his successor to the throne, or by the agent, the consti- 
tutional powers of the King shall be exercised, in the name of the 
Belgian people, by the ministers united in council, and upon their 
responsibility. 

Art. 80. The King is of age when he shall have completed the age 
of 18 years. 

He shall not take possession of the throne until he shall have sol- 
emnly taken, before the united houses, the following oath : 

I swear to observe tlie Coustitution and the laws of tlie Belgian people, to 
maintain the national independence and the integrity of the territory. 

Art. 81. If, at the death of the King, his successor is a minor, the 
two houses shall unite in one assembly, for the purpose of providing 
for the regency and guardianship. 

Art. 82. If the King becomes incapacitated to reign, the ministers, 
after having ascertained this incapacity, shall immediately convene 
the houses. The houses shall provide for the regency and guardian- 
ship. 

Art. 83. The regency shall be conferred upon only one person. 

The regent shall enter upon his duties only after having taken the 
oath prescribed by Article 80. 

Art. 84. No change in the Constitution shall be made during a 
regency. 

Art. 85. In case there is a vacancy of the throne, the houses delib- 
erating together shall arrange provisionally for the regency, until 
the first meeting of the houses after they have been wholly renewed. 

iThe civil list of the present King, Albert, was fixed by law of 30 December 1909 at 
3,300,000 francs. 



54 CONSTITUTIOISrS OF THE STATES AT WAR. 

That meeting shall take place at the latest within two months. The 
new houses deliberating together shall provide definitely for the 
Tacancy. 

SECTION II. THE MINISTERS. 

Art. 86. No person shall be a minister unless he is a Belgian by 
birth, or has received full naturalization. 

Art. 87. No member of the royal family shall be a minister. 

Art. 88. Ministers shall have no deliberative vote in either house 
unless they are members of it. 

They shall have admission to either house, and are entitled to be 
heard when they so request. 

The houses shall have the right to demand the presence of 
ministers. 

Art. 89. In no case shall the verbal or written order of the King 
relieve a minister of responsibility. 

Art. 90. The House of Representatives shall have the right to ac- 
cuse ministers and to arraign them before the Court of Cassation, 
which, sitting in full bench, alone shall have the right to judge them, 
except in such matters as shall be established by law respecting a civil 
suit by an aggrieved party and respecting crimes and misdemeanors 
committed by ministers when not in the performance of their official 
duties. 

The law shall determine the responsibility of ministers, the pen- 
alties to be imposed upon them, and the method of proceeding against 
them, whether upon accusation made by the House of Representatives 
or upon prosecution by the aggrieved parties.^ 

Art. 91, The King shall not have power to grant pardon to a min- 
ister sentenced by the Court of Cassation except upon request of one 
of the two houses. 

CHAPTER III. — THE JUDICIAL POWER. 

* 

Art. 92. Actions which involve questions of civil right belong ex- 
clusively to the jurisdiction of the courts. 

Art. 93. Actions which involve questions of political rights belong 
to the jurisdiction of the courts, except as otherwise determined by 
law. 

Art. 94. No tribunal nor contentious jurisdiction shall be estab- 
lished except by virtue of a law.^ No commissions or extraordinary 
tribunals under any title whatever shall be established. 

Art. 95, There shall be a Court of Cassation for the whole of Bel- 
gium.^ 

1 See below, Article 134. 

- Law of 18 June 1869 on the organization of the judiciary, amended 1 April 1879. 
3 The composition of the Court of Cassation is governed by the Law of 18 June 1869. 
Its principal attributions are fixed by the Laws of 7 July 1865 and 25 March 1876. 



BELGIUM. 55 

This court shall not consider questions of fact except in the trial 
of ministers. 

Art. 96. The sessions of the courts shall be public, unless this pub- 
licit.y is declared by a judgment of the court to be dangerous to 
public order or morals. 

In cases of political offenses and offenses of the press closed doors 
shall be enforced only by a unanimous vote of the court. 

Art. 97. Every judgment shall be pronounced in open court, and 
the reasons therefor stated. 

Art. 98. The right of trial by jury shall be established in all 
criminal cases and for all political offenses and offenses of the press. 

Art. 99. The justices of the peace and the judges of courts shall be 
appointed directly by the King. 

The members of the courts of appeal and the presidents and vice 
presidents of the courts of original jurisdiction shall be appointed 
by the King from two double lists, presented the one by these courts 
and the other by the provincial councils. 

The members of the Court of Cassation shall be appointed by the 
King from two double lists presented one by the Senate and one by 
the Court of Cassation. 

In both cases the candidates named upon one list may be named 
also upon the other. 

All the names shall be published at least 15 days before the ap- 
pointment. 

The courts shall choose their presidents and vice presidents from 
among their oAvn number. 

Art. 100. Judges shall be appointed for life. 

No judge shall be deprived of his office or suspended until after 
trial and judgment. 

The removal of a judge from one place to another shall take place 
only by means of a new appointment and with his consent. 

Art. 101. The King appoints and removes the State officials serv- 
ing in the courts and tribunals. 

Art. 102. The salaries of the members of the judiciary shall be 
fixed by law. 

Art. 103. No judge shall accept from the government any salaried 
office, unless he perform the duties thereof gratuitously, and not then 
if it is contrary to the law of incompatibility.^ 

Art. 104. There shall be three courts of appeal in Belgium. 

Their jurisdiction and the places where they shall be held shall be 
determined by law. 

Art. 105. Special laws shall govern the organization of military 
tribunals, their powers, the fights and obligations of the members 
of these tribunals and the duration of their functions.^ 

iLaws of 26 May 1848 and 18 June 1869. ^ Law of 15 June 1909. 



56 CONSTITUTIONS OF THE STATES AT WAE. 

There shall be commercial courts in places which shall be desig- 
nated by law. Their organization, powers, the method of appoint- 
ment of their members, and the duration of their term of office shall 
also be determined by law. 

Art. 106. The Court of Cassation shall decide conflicts of juris- 
diction, according to the method prescribed by law. 

Art. 107. The courts and tribunals shall enforce executive decrees 
and ordinances, whether general, provincial, or local, only so far as 
they shall conform to the laws. 

CHAPTER IV. PROVINCIAL AND COMMUNAL INSTITUTIONS. 

Art. 108. Provincial and communal institutions shall be regulated 
by law. 

The law shall establish the application of the following principles : 

1. Direct election, except in the cases which may be established 
by law with regard to the chiefs of the communal administration and 
government commissioners acting in the provincial councils. 

2. The relegation to provincial and communal councils of all 
provincial and communal aifairs, without prejudice to the approval 
of their acts in the cases and according to the procedure determined 
by law. 

3. The publicity of the sittings of the provincial and communal 
councils within the limits established by law. 

4. The publicity of budgets and of accounts. 

5. The intervention of the King or of the legisaltive powder to 
prevent provincial and communal councils from exceeding their 
powers and from acting against the general welfare. 

Art. 109. The keeping of the civil register is exclusively the duty 
of the communal authorities. 

Title IV. — Finances. 

Art. 110. No tax for the benefit of the State shall be imposed ex- 
cept by law. 

No provincial charge or tax shall be imposed without the consent 
of the provincial council. 

No communal charge or tax shall be imposed without the consent 
of the communal council. 

The law shall determine the exceptions which experience shall 
show to be necessary in regard to provincial and communal taxes. 

Art. 111. Taxes for the benefit of the State shall be voted an- 
nually. 

The laws which impose such taxes shall remain in force for ontt 
year only unless they are reenact^d. 



BELGIUM. 5 7 

Art. 112. Xo privilege shall be established with regard to taxes. 

No exemption or abatement of taxes rhall be cstablirhed except 
b}^ Iftw. 

Art. 113. Beyond the eases expressly excepted by law, no pay^ 
ment shall be exacted of any citizen other than taxes levied for the 
benefit of the State, of the province, or of the commune. No change 
shall be made in the existing system of i)o7ders ^ and waterinf/en - 
which remain subject to ordinary legislation. 

Art. 114. No pension or gratuity shall be paid out of the pnblit. 
treasury without the authority of law. 

Art. 115. Each year the houses shall enact the law of accounts 
and vote the budget. 

All the receipts and expenditur(>-^ of the State ; hall be contained in 
the budget and in the accounts. 

Art. 116. The members of the Court of Accounts shall be ap- 
pointed by the House of Representatives, and for a term fixed by law. 

This court shall be entrusted Avith the examination and settlement 
of the accounts of the general administration and of all persons ac- 
countable to the public treasury. It shall see that no item of the ex- 
penditures of the budget is overdrawn and that no transfer takes 
place. It shall audit the accounts of the diiferent administrative 
organs of the State, and shall gather for this purpose all information 
and all necessary vouchers. The general accounts of the State shall 
be submitted to the House with the comments of the Court of Ac- 
counts. 

This court shall be organized by a law.^ 

Art. 117. The salaries and pensions of the ministers of religion 
shall be paid by the State ; the sums necessarj?- to meet this expendi- 
ture shall be entered annually in the budget.* 

Title Y. — The Public Force. 

Art. 118. The method of recruiting the army shall be determined 
by law. The laws shall also regulate the promotion, the rights and 
the duties of soldiers.^ 



^ I'olders are lands reclaimed from the sea by dikes. The owners of these lands are 
grouped into associations for the maintenance of the dikes and are required l>y law to 
bear the expense of such maintenance. 

- Wateringen are associations formed for the purpose of irrigating and draining lands 
reclaimed from the sea. They have power to raise funds by taxing the lands affected 
by such improvements. 

2 Law of 29 October 1846. 

* This clause is interpreted to apply only to the denominations recognized by law in 
Belgium in 1830 ; these are the Catholic, Protestant Evangelical, Anglican and Jewish ; 
almost the whole of the Belgian poiniiation is Catholic. No minister is entitled to a 
salary (1) if he must receive license from a person practicing a profession without legal 
authorization, (2) if, being a foreigner, he performs the ministerial functions without the 
permission of the government. 

5 The organization of the Belgian army is governed by the Laws of 5 April 1868, S 
June 1870, 16 August 1873 and 21 March 1902. 

88381—19 5 



58 COiS^STITUTIONS OF THE STATES AT WAE. 

Art. 119. The army contingent shall be voted annually. The 
law which fixes it shall remain in force for one year only, unless re- 
enacted. 

Art. 120. The organization and the attributions of the armed police 
shall be regulated b}' a law.^ 

Art. 121. No foreign troops shall be admitted into the service of 
the State, to occupy or to cross its territory except by virtue of a law. 

Art. 122. There shall be a citizen militia, the organization of 
which shall be regulated by laAv.- 

' The officers of all grades, at least as high as that of captain, shall 
be chosen by the militia, Avith such exceptions as may be judged 
necessary for accountants. 

Art. 123. The militia shall not be brought into active service ex- 
cept by virtue of a law. 

Art. 124. Soldiers shall not be deprived of their grades, honors, or 
per.sions except in the manner prescribed bj' hiAv.' 

Title VL — General Provisions. 

Art. 125. The Belgian nation adopts for its colors, red, yellow 
■and black, and for the coat of arms of the Kingdom, the Belgian 
lion, with the motto, " Union Gives Strength." 

Art. 126. The city of Brussels is the capital of Belgium and the 
seat of government. 

Art. 127. No oath shall be imposed except by virtue of law. The 
form of the oath shall also be determined by law. 

Art. 128. Every foreigner within the territory of Belgium shall 
enjoy protection of his person and propert3^ except as otherwise 
established by law. 

Art. 129. No law, ordinance, or regulation of the general, pro- 
vincial, or communal government shall be obligatory until after 
having been published in the manner prescribed by law.* 

Art. 130. The Constitution shall not be suspended, either in whole 
or in part. 

Title VII. — The Eevision of the Constitution. 

Art. 131. The legislative power has the right to declare that a re- 
vision of such constitutional provisions as it shall designate is in 
order. 

After this declaration, the two houses are ipso facto dissolved. 

1 This law does not exist ; the old regulations are still in force. 

2 Law of 9 September 1897. 

3 Three Laws of IG June 1836. 
« See Article 69. 



BELGIUM. 59 

Two new houses shall then be sumjnoned, in conformity with 
Article 71. 

These houses, with the approval of the King, shall then act upon 
the points submitted for revision. 

In this case the houses shall not deliberate unless at least two 
thirds of the members of each are present, and no amendment shall 
be adopted unless it is supported by at least two thirds of the votes. 

Title VIII. — Temporary Provisions. 

Art, 132. For the first choice of a head of the State the first pro- 
vision of Article 80 may be neglected. 

Art. 133. Foreigners established in Belgium before 1 January 
1814, and who continue to reside therein, shall be considered Belgians 
by birth, upon condition that they declare their intention to take 
advantage of this provision. 

Such declaration shall be made within six months after this Con- 
stitution goes into effect, if the foreigners are of age, and if thej^ are 
minors, within the year after attaining their majority. 

This declaration shall be made before the provincial authority of 
the province where they reside. 

It shall be made in person or by an agent having a special and 
authentic authorization. 

Art. 134. Until further provision by law, the House of Eepre- 
sentatives shall have discretionary power to accuse a minister, and 
the Court of Cassation to try him, find the offense and fix the 
penalty. 

Nevertheless the penalty shall not extend farther than removal 
from office, without prejudice to the cases expressly provided for by 
the penal laws.^ 

Art. 135. The personnel of the courts shall be maintained as it 
now exists, until further provision has been made by law. 

Such a law shall be enacted during the first legislative session. 

Art. 136. A law% passed during the first legislative session, shall 
provide for the manner of the first nomination of members of the 
Court of Cassation.- 

Art. 137. The fundamental law of 24 August 181.5 and the pro- 
vincial and local statutes are abolished. However, the provincial 
and local authorities shall retain their powers until a law shall make 
other provision. 

Art. 138. As soon as this Constitution goes into effect, all laws, 
decrees, orders, regulations and other instruments contrary thereto 
are abrogated. 

1 This transitory legislation is still in force, no organic law having determined the cases 
of ministerial responsibility. 

" Article 99 provides for subsequent appointments. 



60 CONSTITUTIONS OF THE STATES AT WAR. 

Supplementary Provision. 

Art. 139. The National Congress declares that it is necessary to 
provide for the following objects, by separate laAvs and as soon as 
possible : 

1. The press.^ 

2. The organization of the jnry.- 

3. The finances.^ 

4. Provincial and communal organization.* 

5. The responsibility of ministers ^ and of other officers. 

6. The judicial organization." 

7. The revision of the pension list. 

8. Measures proper to prevent the abuse of cumulative office- 
holding. 

9. The revision of the laws of bankruptcy and of suspension. 

10. The organization of the army, the rights of advancement 
and of retirement and the military penal code.^ 

11. The revision of the codes.^ 

' Decree of 20 July 1831, amended by the Penal Code in many of its provisions. 

'■' Sec above, Article 94. 

3 Law of 15 May 1846 on the compatibility of the State. 

* See above, Article 108. 

6 See above. Article 134. 

" See above. Article 94. 

''Military Penal Code of 27 May 1870. See above, Article 118. 

s Penal Code of 8 June 1867. Code of French Commerce has been revised entirely by 
successive laws, the last of which bears the date of 25 August 1891. Title I of the prelim- 
inary book of the new Code of Civil Procedure was promulgated on 25 March 1876. The 
Law of 17 April 1878 contains the preliminary title of the new Code of Penal Procedure. 
Rural Code of 7 October 1886. 



BRAZIL. 

Until 1815 Brazil was a Portuguese colony. The invasion of Portu- 
gal by Napoleon in 1807 forced the royal family to seek refuge in 
Brazil, which continued for several years to be the seat of government 
of the Kingdom. By decree of 16 December 1815, Brazil ceased to be 
a colony and became an integral part of the "Kingdom of Portugal, 
Brazil and Algarves." The revolution which broke out in Portugal 
in 1821 forced King John VI to return to Lisbon, leaving his son, 
Dom Pedro, as regent. The sentiment in favor of separation had been 
growing for some time, and Avhen orders were sent to Dom Pedro to 
return to Portugal he declared his intention of remaining in Brazil. 
Brazilian independence was declared, Dom Pedro became Emperor on 
12 October 1822 and an imperial Constitution was promulgated on 
25 March 1824.^ Portugal recognized the independence of Brazil 
in 1825. 

The movement for the establishment of a republic began to gain 
strength after 1870, but was held in check by the popularity of Dom 
Pedro II. In 1889, however, the republicans felt strong enough for 
action. On 15 November of that year a bloodless revolution occurred, 
the Republic of the United States of Brazil was proclaimed, and the 
imperial family was sent to Portugal. The revolution was essentially 
a military movement and for several years Brazil remained under the 
control of a military party. A republican Constitution was adopted 
on 24 February 1891, which established a federal government and 
erected the former Provinces into States. This Constitution is still 
in force and has never been amended. - 



CONSTITUTION OF 24 FEBRITARY 1891.- 

[Preamble.] 

We, the representatives of the Brazilian people, assembled in con- 
stitutional convention for the purpose of organizing a free and demo- 

^ English translation by J. C. Branner in Foreign Constitutions [The Convention Man- 
ual of the SiTth New York State Constitutional Convention, 189i, part 2, vol. 3] (Albany, 
1894), pp. 72-105. 

- These introductory paragraphs are based upon W. F. DodDj Modern Constitutions 
(Chicago, 1909), vol. I, p 149, and F. R. Darbste et P. Dareste, Les Constitutions 
^moderncs (3d edition, Paris, 1910), vol. J, pp. 024-^26. 

3 Official Portuguese text published in the Diario Official of 25 February 1891. Portu- 
guese text and English translation in parallel columns, followed by a Spanish translation 
in J. I. RoDRiGTEz, American Coiistitiitioni^, vol. 1 (Washington, 1906), pp. 134-190. 
French translation in Dareste, op. cit., pp. 626-655. German translation in Paul 
PosENER, Die Staatsverfassungen des Erdhalls (Charlottenburg, 1909), pp. 1022-1045. 
English translation in Dodd, op. cit., pp. 150-181 ; British and Foreign State Papers, 
S3: pp. 487-510; and Foreign Constitutions (see above, note 1), pp. 113-138. The 
translation given here is based on the one in Rodriguez. 

61 



62 CONSTITUTIONS OF THE STATES AT WAR. 

cratic government, do hereby establish, decree and promulgate the 
following Constitution for the Eepublic of the United States of 
Brazil. 

Title I. — The Federal Organization, 

PRELIMINARY PROVISIONS. 

Article 1. The Brazilian nation adopts for its gOA^ernment the 
federal republican representative form, as proclaimed on 15 Novem- 
ber 1889, and constitutes itself, by the perpetual and indissoluble 
union of its former provinces, into the United States of Brazil. 

Art. 2. Each of the former provinces shall constitute a State,^ and 
the former neutral municipal district shall form the Federal District,^ 
and shall continue to be the capital of the Union until the provisions 
of the following article shall be put into effect. 

Art. 3. A zone of fourteen thousand four hundred square kilo- 
meters, situated in the central plateau of the Eepublic, which shall 
be hereafter marked off, shall be set apart, as property of the Union, 
and on this site the future federal capital shall be established. 

Sole §. When the transfer of the capital has been effected, the 
present Federal District shall constitute a State. 

Art. 4. The States may become incorporated one with another, 
may subdivide or dismember themselves to annex themselves to others 
or to form new States, if the respective legislative assemblies consent 
thereto in two successive annual sessions, and if the National Con- 
gress gives its approval. 

Art. 5. Each State shall, at its own expense, provide for the needs 
of its own government and administration ; the Union, however, shall 
lend aid to a State which asks for assistance in case of public calamity. 

Art. 6. The federal government shall not interfere in matters per- 
taining peculiarly to the States, save : 

1. To repel foreign invasion, or the invasion of one State by 
another. 

2. To maintain the federal republican form of government. 

3. To reestablish order and tranquillity in the States, upon the 
requisition of their respective governments. 

4. To secure the execution of the federal laws and judgments. 
Art. 7. It is the exclusive prerogative of the Union to decree : 

^ See the list of twenty States (not including the Federal District), p. 66, note under 
Article 28, Section 1. 

2 The District here referred to, embracing 540 square miles on the southeastern coast, 
is still the capital of the Union. 



BRAZIL. 63 

1. Duties on imports from foreign countries. 

•J. P]ntry, clearance, and port dues of vessels; but the coastwise 
trade shall be free to domestic and foreign mercliandise -which has 
already j^aid an import duty. 

^^. Stamp duties, save the restriction mentioned in Article 9, § 1, 
no. 1. 

4. Fedei-al postal and telegraph taxes. 
§ 1. The Union shall also have exclusive power: 
1. To establish banks of issue. 
'2. To create and maintain custom-houses. 
>; :2. Taxes levied by the Union shall be uniform for all the States. 
§ 3. The laws of the Union and the acts and decrees of its authori- 
ties shall be executed throughout the whole country by federal offi- 
cials; but the execution of the federal laws may be entrusted to the 
governments of the States, if thej^ consent thereto. 

Art. 8. The federal government is forbidden to make distinctions 
and preferences in any way whatever in favor of the ports of one 
State as against those of another. 

Art. 9. The States shall have exclusive power to decree taxes: 

1. On the exportation of merchandise produced in their own 
territory. 

2. On rural and city real estate. 

3. On the transfer of property. 

4. On industries and professions. 

§ 1. The States shall also have the exclusive right to decree: 
1. Stamp taxes affecting acts emanating from their respective 
governments and concerning their internal affairs. 

'2. Contributions relating to their postal and telegraph service. 

§ 2. The products of one State are exempted from imposts in any 
other State from which they may be exported. 

§ 3. A State is permitted to levy duties on imports of foreign 
•goods only when such goods are intended for consumption within 
its own territory, the proceeds of the duty reverting, however, to the 
federal treasury. 

§ 4. The States have the right to establish telegraph lines between 
different points of their own territories, and between these points and 
those of other States which are not provided with a federal telegraph 
service, the Union reserving the right to acquire such lines when the 
genei'al interest may require it. 

Art. 10. It is prohibited to the States to levy taxes on federal, 
property or revenue, or on services in charge of the Union, and vice 
versa. 



64 coK'STiTUTiOiSrs of the states at war. 

Art. 11. It is forbidden to the States, as well as to the Union : 

1. To impose duties on the products of a State, or of a foreign 
country, when in transit through the territory of another State, or 
going from one State to another, or on the vehicles, whether by land 
or water, by which they are transported. 

2. To establish, subsidize or interfere with the exercise of relig- 
ious worship. 

3. To enact retroactive laws. 

Art. 12. In addition to the sources of revenue set forth in Articles 
7 and 9, it shall be lawful for the Union, as well as for the States, 
cumulatively or otherwise, to create any others whatsoever, provided 
that they are not in contravention of the terms of Articles 7, 9 and 
11. No. i. 

Art. 13. The right of the Union and of tht States to legislate in 
regard to railways and navigation of internal v\^aters shall be regu- 
lated by a federal law.^ 

Sole §. Coastwise navigation shall be carried on by national 
vessels. 

Art. 14, The land and naval forces are permanent national insti- 
tutions, intended for the defense of the country from foreign attack 
and for the maintenance of the laws of the land. 

Within the limits of the law, the armed forces are from their na- 
ture bound to obey their superiors in rank, and to support the con- 
stitutional institutions. 

Art. 15. The legislative, executive and judicial powers are organs 
of the national sovereignty, harmonious with each other, and inde- 
pendent among themselves. 

SECTION I. THE LEGISLATIVE POWER. 

CHAPTER I. GENERAL PROVISIONS. 

Art. 16. The legislative power shall be exercised by the National 
Congress, subject to the appro^-^al of the President of the Republic. 

§ 1. The National Congress shall be composed of two branches: 
the Chamber of Deputies and the Senate. 

§ 2. The elections for senators and for deputies shall be held 
simultaneously throughout the country. 

§ 3. No person shall be senator and deputj^ at the same time. 

Art. 17. The Congress shall, without being convoked, assemble in 
the federal capital on the third clay of May of each j^ear, unless an- 
other clay is designated by law, and shall continue in session four 
months from the date of the opening, and may be prorogued, ad- 
journed, or convoked in extraordinary session. 

iLaw of 14 October 1892 (No. 109). 



BRAZIL. C 5 

§ 1. The Congress alone shall have the right to prorogue and ad- 
journ its sessions. 

§ 2. Each legislature shall last three years. 

§ 3. When a vacancy occurs in the Congress on account of resigna- 
tion or for any other reason, the respective State shall order imme- 
diately the election of a new member. 

Art, 18. The Chamber of Deputies and the Senate shall meet sepa- 
rately and, unless otherwise determined by a majority vote, their 
sessions shall be public. A majority of votes shall be required to 
pass any measure in either house, provided there is present an abso- 
lute majority of the total number of its members. 

Sole §. Each house shall have power : 

To verify and accept the powers of its members. 

To choose its officers. 

To make the rules of its proceedings. 

To provide for its own police service. 

To appoint its clerks. 

Art. 19. Deputies and senators can not be held to account for their 
opinions, expressions or votes in the discharge of their mandate. 

Art. 20. Deputies and senators, from the time they have received 
their credentials until the new election, shall not be arrested or prose- 
cuted criminally without the previous permission of the house to 
which they belong, except in the case of an unbail-able crime m 
■flagrante delicto. In the latter case, the court shall collect all the 
evidence and submit it to the house concerned, which shall decide 
whether or not an indictment is to be made, unless the accused shall 
choose to be tried immdiately. 

Art. 21. The members of the two houses, on taking their seats, 
shall take a formal oath, in public session, to perform their duties 
faithfully. 

Art, 22. During the sessions the senators and deputies shall re- 
ceive a salary, the same for members of both houses, and traveling 
expenses, said emoluments to be fixed l\y the Congress at the close of 
each legislature, for the succeeding one. 

Art. 23. No member of Congress shall, from the day of his elec- 
tion, enter into contracts with the executive power, or receive from 
the same any salaried office or commission. 

§ 1, From this prohibition are excepted: 

1, Diplomatic missions, 

2, Militar}^ commands and commissions, 

3, Legal promotions. 

§ 2, No deputy or senator shall, however, accept missions, com- 
missions, or commands, indicated under Nos, 1 and 2 of the preced- 



66 , CONSTITUTIONS OF THE STATES AT WAK. 

ing section, \\-ithoiTt first obtaining the permission of the house to 
which he belongs, when the acceptance preckides the member from 
exercising his legislative functions, except in case of war or in cases 
in which the honor and integrity of the Union are involved. 

Akt. 24. No deputy or senator shall be president or director of a 
bank, company, or enterprise which enjoys favors from the federal 
government defined by law. 

Sole §. Failure to observe the provisions contained in this and the 
XDreceding article shall entail the loss of the mandate. 

Art. 25. The office of senator or deputy is incompatible with the 
exercise of any other functions during the sessions. 

Art. 26. The following are the conditions of eligibility to the Na- 
tional Congress: 

1. To enjoy the rights of a Brazilian citizen and be entitled to be 
registered as an elector. 

2. For the Chamber of Dei^uties. to have been a Brazilian citizen 
for more than four years; for the Senate, Brazilian citizenship of 
more than six years. ^ 

This provision does not apply to the citizens mentioned in No. 4 of 
Article 69. 

Art. 27. The Congress shall define, by a special . law, the cases 
of ineligibility to Congress. 

CHAPTER II. THE CHAMBER OF DEPUTIES. 

Art. 28. The Chamber of Deputies is composed of representatives 
of the people elected by the States and the Federal District, by 
direct suffrage, provided the representation of the minority is guaran- 
teed.^ 

§ 1. The number of deputies shall be fixed by law and shall not 
exceed one for every 70,000 inhabitants, but each State shall have at 
least four deputies.^ 

^ The draft of the Constitution proposed by the provisional government required seven 
and nine years respectively. 

- The law regulating elections bears the date of 26 January 1892 (No. 35). The 
Law of 7 December 1896 deals with tlie procedure to be followed in federal elections. The 
electoral laws were codified by a decree of 7 February 1894 (No. 1668). 

^ The present division of deputies between the 20 States and the Federal District is 
as follows : 



Alagoas 6 

Amazonas 4 

Bahia : 22 

Ceara 10 

Districto Federal 10 

Espirito Santo 4 

Goyaz 4 

Maranhao 7 

Matto Grosso 4 

Minas Geraes 37 

Para : 1 

Parahyba ci 



Parana ^ 4 

Pernambuco 17 

Piauhy 4 

Rio de Janeiro 17 

Rio Grande do Norte 4 

Rio Grande do Sul 16 

Santa Catharina 4 

Sao Paulo 22 

Sergipe 4 

Total 212 



BRAZIL. 67 

§ 2. For tliih piirpo.o the federnl o-oveniment shall order a cen- 
sus of (he population of the Republic to be taken at' once, which 
shall be renewed every 10 years. 

Art. 29. To the Chamber belongs the initiative for the adjonrn- 
ment of the legislative session and of all tax laws, of law^s fixing the 
land and naval forces, in the discussion of recommendations made by 
the executive power, and in the decision of the question whether the 
President of the Republic should or should not be impeached, under 
the provisions of Article 53, and whether the cabinet ministers should 
or should not also be impeached for crimes committed by them jointly 
with the President of the Republic. 

CHAPTER III. THE SENATE. 

Art. oO. The Senate is composed of citizens eligible under the 
terms of Article 2(), who are over 35 years old. There shall be three 
senators for each State and three for the Federal District, all of them 
elected in the same way as the deputies.^ 

Art, 31. The term of service of the senators shall be nine j^ears, 
one third of the Senate being renewed every three years. 

Sole §. The term of a senator elected in place of another shall con- 
tinue during the remainder of the term of the senator replaced. 

Art. 32. The Vice-President of the Republic shall be the president 
of the Senate, where he shall have only the vote of rank {voto de 
qualhlacle),- and shall be replaced, in case of absence or disability, by 
the vice-president of that house. 

Art. 33, The Senate alone has the power to try and pass sentence 
on the President of the Republic and the other federal officers 
designated by the Constitution, under the conditions and in the 
manner which it prescribes, 

^ 1, The Senate, when sitting as a court of justice, shall be pre- 
sided over by the president of the Federal Supreme Court. 

§ 2. It shall not pass sentence of condemnation unless by two 
thirds of the members present. 

§ 3. It shall not impose other penalties than the loss of office 
and disqualification to hold any other, without prejudice to the 
action of ordinary justice against the condemned. 

CHAPTER IV. — POWERS OF THE CONGRESS. 

Art. 31. The National Congress shall have exclusive power: 
1. To estimate the revenue and fix the expenditures of the fed- 
eral government annually, and to examine the accounts of the receipts 
and expenditures of each financial year. 

^The governmental draft proposed the election of senators by the legislatures of the 
States. 

2 That is, the right of voting in case of tie. 



68 CONSTITUTIONS OF THE STATES AT WAR. 

2. To authorize the executive power to contract loans and con- 
duct other operations of credit. 

3. To legislate concerning the public debt and provide for its 
payment. 

4. To control the collection and distribution of the federal 
revenue. 

5. To regulate international commerce as well as that of the 
States w^ith each other and with the Federal District, to establish 
custom-houses, to create or abolish warehouses of deposit. 

6. To legislate concerning navigation of rivers running through 
more than one State or extending into foreign territory. 

7. To determine the weight, value, inscription, type and denomi- 
nation of coins. 

8. To create banks of issue, to legislate thereon and to levy taxes 
thereon. 

9. To fix the standard of weights and measures. 

10. To determine definitively the boundaries of the States, the 
Federal District, and the national territory. 

11. To authorize the government to declare war, when arbitra- 
tion has failed or can not take place, and to make peace. 

12. To decide definitively with regard to treaties and conventions 
with foreign nations. 

13. To change the capital of the Union.^ 

14. To grant subsidies to the States in the case referred to in 
Article 5. 

15. To legislate concerning the federal postal and telegraph 
service. 

16. To adopt the measures proper for the protection of the 
frontiers. 

IT. To fix annually the land and naval forces. 

18. To legislate concerning the organization of the army and 
navy. 

19. To grant or refuse the passage of foreign forces through the 
territory of the country for the purpose of military operations. 

20. To mobilize and make use of the national guard or militia 
in the cases provided for by the Constitution. 

21. To declare a state of siege at one or more points in the na- 
tional territory, in the emergency of an attack by foreign forces or of 
internal disturbance, and to approve or suspend the state of siege 
declared by the executive power or its responsible agents during the 
recess of Congress. 

22. To establish the conditions and methods of elections for fed- 
eral offices throughout the country. 

1 See above, Article 3. 



BRAZIL. 69 

23. To legislate concerning the civil, commercial and criminal 
laAvs of the Kepublic, and the laAv of federal procedure. 

24. To establish uniform laws on naturalization. 

25. To create and abolish federal public offices, to fix the duties 
of the same and to designate their salaries. 

2C. To organize the federal judicial system in accordance with 
Articles 55 and following of Section III. 

27. To grant amnesty. 

28. To commute and remit penalties imposed upon federal offi- 
cers in cases of impeachment. 

29. To legislate concerning the lands and mines belonging to the 
Union. 

30. To legislate concerning the municipal organization of the 
Federal District, as w^ell as the police, higher education and other 
services which in the capital are reserved to the federal government. 

31. To submit to special legislation those points of the territory 
of the Republic needed for the establishment of arsenals or other 
establishments or institutions for federal use. 

32. To regulate cases of extradition between the States. 

33. To enact such laws and resolutions as may be necessary for 
the exercise of the powers belonging to the Union, 

34. To enact the organic laws necessary for the complete execu- 
tion of the Constitution. 

35. To prorogue or adjourn its sessions. 

Art. 35. The Congress shall also have power, but not exclusively : 

1. To see to the observance of the Constitution and laws and to 
provide for needs of a federal character. 

2. To encourage in the country the development of letters, arts 
and sciences, as well as of immigration, agriculture, industry and 
commerce, without granting privileges wdiich may embarrass the ac- 
tion of the local governments. 

3. To create institutions for higher and secondary education in 
the States. 

4. To provide for secondary education in the Federal District. 

CHAPTER V. LAWS AND RESOLUTIONS. 

Art. 36. Save the exceptions specified in Article 29, all bills may 
originate, indifferently, in the Chamber or in the Senate, and may be 
introduced by any of their members. 

Art, 37. A bill, after being passed in one of the houses, shall be 
submitted to the other, and if the latter approves of it, shall be sent 
to the executive power, which, if approving it, shall sanction and pro- 
mulgate it, 

§ 1. If, however, the President of the Republic shall consider the 
bill unconstitutional, or contrary to the interests of the nation, he 
shall veto it within 10 working days, counted from that on which 



70 CONSTITUTIOISrS OF THE STATES AT WAK. 

he received it, and shall return it within the same period to the house 
in which it originated, with his reasons for the veto. 

§ 2. The failure of the President of the Republic to approve or 
disapprove the bill within these 10 days shall be considered as an ap- 
proval; in case the bill is vetoed after the Congress has closed, the 
President shall publish his reasons therefor. 

§ 3. A bill not approved shall be returned to the house in which 
it originated, where it shall be discussed and subjected to a yea-and- 
nay vote, and shall be considered approved if it obtain two thirds of 
the votes of the members present. In this case, the bill shall be sent 
to the other house, and if it be there approved in the same manner 
and by the same majority it shall be sent as a law to the executive 
power, for formal promulgation. 

§ 4. The sanction and promulgation shall be made in the following- 
language : 

1. " The National Congress enacts and I approve the following 
law (or resolution)." 

2. " The National Congress enacts and I promulgate the follow- 
ing law (or resolution)." 

Art. 38. If the law is not promulgated within 48 hours by the 
President of the Republic in the cases specified in §§ 2 and 3 of 
Article 37, the president of the Senate, or the vice-president, if 
the president does not do it in the same period, shall promulgate 
it, using the following language: "I, the president (or the vice- 
president) of the Senate, do hereby make knowp to all those who 
may see these presents that the National Congress enacts and pro- 
mulgates the following law (or resolution)." 

Art. 39. A bill from one house, amended in the other, shall return 
to the former, and if the amendments are accepted therein, shall be 
sent to the executive power as amended. 

§ 1. In the contrary case, it shall go back to the house where 
it was amended, and if the alterations receive the vote of two 
thirds of the members present, they shall be considered as ap- 
proved, and shall then be sent, together with the bill, to the house 
Avhere it originated, which can only reject them by a two-thirds vote. 

§ 2. If the alterations are rejected by such vote, the bill shall be 
submitted without them to the approval of the executive. 

Art. 40. Bills finally rejected, or not approved, shall not be pre- 
sented again in the same legislative session. 

section II. — tpie executive power. 

CHAPTER I. — THE PRESIDENT AND VICE-PRESIDENT. 

Art. 41. The executive power shall be exercised by the President 
of the Republic of the United States of Brazil as elective head of the 
nation. 



BRAZIL. 71 

§ 1. The Vice-President, elected simultaneously with the President, 
shall take the place of the latter in case of temporary disability, and 
shall succeed him in case of vacancy in the Presidency. 

§ 2. In case of disability of the A"ice-Presid?nt. or A'acancy of his 
office, the following' shall be called in the order named, to fill the 
Presidency : The vice-president of the Senate, the president of the 
Chamber of Deputies, the president of the Federal Supreme Court. 

§ 3. The followino- are the essential conditions of eligibility to the 
Presidency or Vice-Presidency of the Eepublic : 
1. To be a native of Brazil. 
•2. To enjoy the exercise of political rights. 
3. To be over 35 years of age. 

Art. 42. If the vacancy in the Presidency or Vice-Presidency 
occurs, for any cause Avhatever, before two years of the presidential 
term have elapsed, a new election shall be held. 

Art. 43. The President shall hold his office for four ^ years, and 
shall not be reelected for the succeeding presidential term. 

§ 1. The Vice-President who may have filled the Presidency dur- 
ing the last year of the presidential term shall not be eligible to the 
Presidency for the succeeding term. 

§ 2. The President shall cease to exercise his powers, without fail, 
on the same day on which his presidential term expires, and the newly 
elected President shall at once succeed him. 

§ 3. In case of the disability or failure of the latter to enter upon 
the discharge of his duties, the succession shall be effected in accord- 
ance with §§ 1 and 2 of Article 41. 

§ 4. The first presidential term shall expire on 15 November 1894. 

Art. 44. On taking possession of his office, the President, before 
Congress, or if that body is not in session, before the Federal Su- 
preme Court, shall make the following affirmation : 

I promise to niaiutain and execute the federal Constitution with perfect loy- 
alty, to promote the general welfare of the Republic, to observe its laws, and 
to uphold the Union, its integrity and independence. 

Art. 45. The President and Vice-President shall not leave the 
national territory without the permission of the Congress, under 
penalty of loss of office. 

Art. 46. The President and Vice-President shall receive the salary 
fixed by the Congress in the preceding presidential term. 

CHAPTER II. ELECTIOX OF PRESIDENT AND VICE-PRESIDENT. 

Art. 47. The President and Vice-President of the Eepublic shall 
be elected by direct suffrage - of the nation and by an absolute 
majority of votes. 

^ The governmental draft proposed six years. 

* The governmental draft proposed two degrees of suffrage. Article 1 of the Transitory 
Provisions provided for the election of the first President. 



72 COlSrSTITUTIONS OF THE STATES AT WAR. 

§ 1. The election shall be held on the first day of March of the 
last year of the presidential term, and the examination of the votes 
received in the respective election districts shall be made in the 
federal capital and in the capitals of the States.- Congress shall 
count the votes in its first meeting of the same year, with whatever 
number of members may be present. 

§ 2. In case no one of the candidates shall have received an abso- 
lute majority of votes, Congress shall elect, by a majority vote of 
those present, one of the two persons who have obtained the greatest 
number of votes in the direct election. 

In case of tie the candidate of greatest age shall be considered 
elected. 

§ 3. The process of election and counting of votes shall be regu.- 
lated by ordinary law. 

§ 4. The relatives, whether by blood or affinit3^ within the first 
and second degrees, of the President or Vice-President who is 
in the exercise of his powers at the time of the election, or was so 
six months before, shall be ineligible to the offices of President and 
Vice-President. 

CHAPTER III. — THE POWERS OF THE EXECUTIVE. 

Art. 48. To the President of the Kepublic belongs the exclusive 
right : 

1. To sanction, promulgate and make public the laws and reso- 
lutions of the Congress ; to issue decrees, instructions and regulations 
for their faithful execution. 

2. To appoint and dismiss at will the ministers of State. 

3. To exercise, or to designate one who shall exercise supreme 
command over the land and naval forces of the United States of 
Brazil when called to arms for the internal or external defense of the 
Union. 

4. To govern the army and navy and to distribute their respective 
forces, in accordance with the federal laws and the needs of the 
national government. 

5. To dispose of the civil and military offices of a federal char- 
acter, under the restrictions specified in the Constitution. 

6. To remit and commute penalties for crimes subject to federal 
jurisdiction, except in the cases mentioned in Article 34, No. 28, apd 
Article 52, § 2. 

7. To declare war and to make peace, under the provisions of 
Article 34, No. 11. 

8. To declare war at once in cases of foreign invasion or aggres- 
sion. 

9. To present an annual statement to the National Congress of 
the condition of the country, indicating pressing measures and re- 



BRAZIL. 73 

fonns. by means of a iucssnp:e. which he shall send to the secre- 
tary of the Senate on the day of the opening of the legislative session. 

10. To convoke the Congress in extraordinary session. 

11. To appoint the federal judges upon nomination by the Su- 
preme Court. 

1"2. To appoint the members of the Federal Supreme Court and 
diplomatic ministers, with the approval of the Senate. 

In the absence of the Congress, he may appoint them temporarily 
until acted upon by the Senate. 

13. To appoint all other members of the diplomatic corps and 
consular agents, 

14. To maintain relations with foreign Powers. 

15. To declare directly, or through his responsible agents, a state 
of siege at any point of the national territory, in case of foreign 
aggression or serious internal disturbance (Article (>, No. 3; Article 
34, Xo. 21; and Article 80). 

16. To enter into international negotiations, to conclude agree- 
ments, conventions and treaties, always with the restriction that they 
5ire to be referred to the Congress, and to approve those made by the 
States in conformity Avith Article 65. submitting them, at the time 
of their execution, to the authority of the Congress. 

CHAPTER IV. JIINISTEES OF STATE. 

Art. 49. The President of the Republic is assisted by the ministers 
of State, agents of his confidence, Avho shall countersign his acts, and 
each of wdiom shall preside over one of the ministries into which the 
federal administration is divided.^ 

Art. 50. The ministers of State shall not exercise any other public 
employment or function, nor shall they be elected President or Vice- 
President of the Union, deputy or senator. 

Sole §. Any cleputj^ or senator who shall accept the position of 
minister of State shall lose his seat and a new election shall at once 
be held, in which he shall be ineligible. 

Art. 51. The ministers of State shall not appear at the meet- 
ings of the Congress and shall communicate with that body only in 
writing or personally by means of conferences with the committees 
of the houses. 

The annual reports of the ministers shall be addressed to the Presi- 
dent of the Republic and distributed to all the members of Congress. 

Art. 52. The ministers of State are not responsible to the Con- 
gress or to the courts for advice given to the President of the 
Republic. 

§ 1. They are responsible, however, for their acts, if these con- 
stitute crimes defined by law. 

iThe Law of 30 October 1891 (No. 2.3) created 7 ministries. Later reduced to 6, they 
were again (1909) restored to 7. 

88381—19 6 



74 CONSTITUTIONS OF THE STATES AT WAE. 

§ 2. Fcr ordinary offenses and in cases of impeachment they shall 
bs pro:-'eciited and tried by the Federal Supreme Court, and for tho;e 
committed jointly with the President of the Republic, by the author- 
ity competent to pass judgment on the latter. 

CHAPTER V. THE RESPONSIBILITY OF THE PRESIDENT. 

Art. 53. The President of the Republic of the United States of 
Brazil, after the Chamber of Deputies shall have decided that he 
should be tried on charges made against him, shall be brought "to 
trial and judgment before the Federal Supreme Court in cases of 
ordinary crimes, and before the Senate in cases of impeachment. 

Sole §. After it has been decided that the President shall be tried, 
he shall be suspended from the exercise of his functions. 

Aet. 54. Acts for which the President of the Republic may be ini- 
X)eached are those which are directed against: 

1. The political existence of the Union. 

2. The Constitution and the form of the federal government. 

3. The free exercise of political powers, 

4. The legal enjo3'ment and exercise of political or individual 
rights. 

5. The internal security of the country. 

6. The honesty of the administration. 

,, 7. The constitutional custody and use of public funds. 
8. The appropriations voted by Congress. 
§ 1. These offenses shall be defined b}^ a special law.^ 
§ 2. Another law shall regulate the mode of accusation, procedure 

and judgment.^ 

§ 3. Both of these laws shall be enacted in the first session of the 

first Congress. 

SECTION III. THE JUDICIAL POWER. 

Art. 55. The judicial power of the Union shall be vested in a Fed- 
eral Supreme Court, sitting in the capital of the Republic, and in 
as many inferior federal judges and courts, distributed through the 
country, as the Congress shall create. 

Art. 56. The Federal Supreme Court shall be composed of 15 
justices, appointed under the provisions of Article 48, No. 12, from 
among the citizens of notable learning and reputation, eligible tc 
the Senate. 

Art. 57. The federal justices shall hold office for life, being remov- 
able only by judicial sentence. 

§ 1. Their salaries shall be fixed by law and can not be dimin- 
ished. 

iLaw of 7 January 1892 (No. 27). ^ Law of 8 January 1892 (No. 30). 



BRAZIL. 75 

§ 2. The Senate shall try the impeachments of the members of 
the P'ederal Supreme Court and the Federal Supreme Court those of 
the lower federal judges. 

Art. 58. The federal courts shall choose their presidents from 
among their own members, and shall organize their resi^ective clerical 
corps. 

§ 1. In these corps the ai)pointment and dismissal of the res])ec- 
tive clerks, as well as the filling of the judicial offices in the judicial 
districts, shall belong to the presidents of the respective courts. 

§ 2. The President of the Republic shall appoint, from among the 
members of the Federal Supreme Court, the Attorney-General of the 
TJepublic, Avhose attributions shall be defined by law. 

Art. 59. The Federal Supreme Court shall have power: 

I. To try with original and exclusive jurisdiction: 

a. The President of the Republic for ordinary crimes, and the 
ministers of State in the cases specified in Article 52. 

h. The diplomatic ministers for ordinary crimes and in cases 
of impeachment. 

"c. Questions and conflicts between the Union and the States, 
or betAveen the States one with another. 

d. Suits and claims between foreign nations and the Union, or 
between foreign nations and the States. 

6. Conflicts between the federal judges or courts one with 
another, or between them and those of the States, as also conflicts 
of the judges and courts of one State with the judges and courts 
of another State. 

II. To decide, on appeal, questions passed upon by the inferior 
federal judges and courts, as well as those mentioned in § 1 of the 
present article and in Article 60. 

III. To review decided cases under the provisions of Article 81. 
§ 1. An appeal to the Federal Supreme Court can be taken against 

decisions rendered in the last instance, by the courts of the State : 

a. When the validity or application of the federal laAvs or 
treaties is called in question and the decision of the State court shall 
be against the same. 

6. When the validity of laws or acts of the governments of the 
States in opposition to the Constitution or to the federal laws is con- 
tested and the State court shall have decided in favor of the validity 
of the acts or laws in question. 

§ 2. In the cases wdiich involve the application of the laws of the 
States, the federal court shall consult the jurisprudence of the local 
tribunals, and, vice versa, the State court shall consult that of the 
federal tribunals, when the interpretation of the laws of the Union 
is involved. 



76 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 60. It belongs to the federal judges and courts to try and 

decide : 

a. Cases in which one of the parties bases his claim or defense 

on some provision of the Federal Constitution. 

1). Suits against the government of the Union or the national 
treasury, founded upon provisions of the Constitution, laws and regu- 
lations of the executive power, or upon contracts entered- into with 
the same government. 

c. Claims for compensation, recovery of property, indemnifica- 
tion for damages or any other claims, presented by the government 
of the Union against private individuals or vice versa. 

d. Litigations between one State and the citizens of another, or 
between citizens of different States, when the respective State laws 
are different. 

e. Disputes between foreign States and Brazilian citizens. 

^^ f. xictions instituted by foreigners, founded upon contracts with 
the federal government or upon conventions or treaties between the 
Union and other nations. 

g. Questions of maritime law and those relating to navigation,, 
either of the ocean or of the rivers and lakes of the country. 
h. Questions of international criminal or civil law. 
i. Political crimes. 
§ 1. Congress is forbidden to delegate any federal jurisdiction 
to the courts of the States. 

§ 2. Sentences and decrees of the federal judges shall be enforced 
by the federal court officers, to whom the local police shall be bound to 
render assistance when called upon to do so. 

Art. 61. The decisions of the State judges or courts of competent 
jurisdiction shall put an end to the suits and questions in which they 
are rendered, except in cases of : 
, 1. Habeas corpus; or 

2. Settlement of the estate of a deceased foreigner, in cases not 
provided for by convention or treaty. 

In such cases voluntary recourse may be had to the Federal 
Supreme Court. 

Art. 62. The State courts shall not have power to intervene in 
questions submitted to the federal courts, or to annul, alter, or 
suspend the sentences or orders of the latter. And, reciprocally, the 
federal courts can not intervene in questions submitted to the State 
courts, or annul, alter, or suspend the decisions or orders of the latter, 
except in the cases expressly defined in this Constitution. 

Title II. — The States. 

Art. 63. Each State shall be governed by the Constitution and 
laws adopted by it, provided that the constitutional principles of the 
Union be respected. 



BRAZIL. 77 

Art. 64. The mines and vacant lands sitnated in the States shall 
belong to them, the Union having the right only to that portion of 
the territory Avhich may be necessary for the defense of the frontier, 
for fortifications, military constrnctions and federal railways. 

Sole §. National propertv which nlay not be necessary for the 
service of the Union shall pass to the dominion of the States in whose 
territory it may be situated. 

Art. 05, The States shall have the right: 

1. To conclude among themselves agreements and conventions 
of a nonpolitical character (Article 48. No. IG). 

2. To use. in general, any poAver or right not denied to them by 
a provision, expressed or implied, of the Constitution. 

Art. G6. It is forbidden to the States: 

1. To refuse faith and credit to public documents of the Union 
or of any State, of a legislative, administrative, or judicial character. 

2. To refuse to recognize the currency, whether coin or paper, 
]:)ut into circulation by the federal government. 

3. To make or declare war, one against another, or make use 
of reprisals. 

4. To refuse the extradition of criminals when requested by the 
courts of other States or of the Federal District, in conformity with 
the laws of Congress relating to this subject (Article 34, Xo. 32). 

Art. 67. Excepting the restrictions specified in the Constitution 
and the federal laws, the Federal District shall be governed by the 
municipal authorities.^ 

Sole §. The expenses of a local character in the capital of the 
Eepublic shall be defrayed exclusively by the municipal authority. 

Title III. — The Muxicipality. 

Art. 68. The States shall organize themselves in such a way as to 
assure the autonomy of the municipalities in respect to all that relates 
to their particular interests. 

Title IV. — Brazilian Citizens. 

section I. QtTALiriCATIONS OF BRAZILIAN CITIZENS. 

Art. 69. The following are Brazilian citizens: 

1. Persons born in Brazil, even of a foreign father, if the latter 
is not residing in Brazil in the service of his own nation. 

2. Children of a Brazilian father, and illegitimate children of a 
Brazilian mother, born in foreign countries, if they establish their 
domicile in the Eepublic. 

1 Law of 29 December 1902 which reorganized the Federal District and the municipal 
power in the federal capital. 



78 CONSTITUTIONS OF THE STATES AT WAR. 

3. Children of a Brazilian father residing in a foreign country 
in the service of the Republic, provided that they do not establish 
their domicile there. 

4. Foreigners who, having been in Brazil on 15 November 1889, 
shall not have declared, within six months after the Constitution 
comes into force, their intention to preserve their nationality of 
origin. 

-^ 5. Foreigners who hold real estate in Brazil and are married to 
Brazilian women, or have Brazilian children, provided that they 
reside in Brazil, unless they have declared their intention of not 
changing their nationality. 

6. Foreigners naturalized ^ in any other way. 

Art. to. Citizens of more than 21 years of age, who are registered 
according to law, shall be electors. 

§ 1. The following shall not be registered as electors for federal 
or State elections : 

1. Beggars; 

2. Illiterate persons ; 

3. Soldiers on pay, except cadets of the higher military schools ; 

4. Members of monastic orders, companies, congregations or 
communities of Sinj denomination,- subject to a vow of obedience, or 
rule or statutes, impl3dng the surrender of individual liberty. 

§ 2. Citizens Avho are not registered are not eligible to office. 
Art. 71. The rights of the Brazilian citizen can be suspended or 
lost only in the following cases: 
§ 1. The rights are suspended: 

a. Through physical or moral disability. 

&. Through condemnation for crime, during the period of its 
operation. 

§ 2. They shall be lost: 

a. Through naturalization in a foreign country. 
h. Through the acceptance of employment or pension from a for- 
eign government, without permission of the federal executive power. 
§ 3. A federal law shall determine the conditions for the re- 
acquisition of the rights of Brazilian citizenship. 

SECTION II. DECLARATION OF RIGHTS. 

Art. 72. The Constitution secures to Brazilians and foreigners 
residing in the country the inviolability of their rights touching 
liberty, personal security and property, in the following terms : 

§ 1. No person shall be forced to do, or not to do, anything except 
by virtue of law. 

§ 2. All persons are equal before the law.^ The Republic does not 
recognize privileges of birth, or titles of nobility, and abolishes the 

^ Law of 12 November 1902 on the naturalization of foreigners. 
2 Slavery was suppressed in Brazil in 1888. 



BRAZIL. 79 

existing honorary orders, their prerogatives and decorations, as well 
as all titles of nobility and the title of counsellor. 

1^ 3. All persons and religious confessions shall have the right to 
exercise their religion publicly and freely, to form associations foi- 
that purpose, and to acquire property, so long as they conform to the 
in-o\isions of the ordinary law, 

§ 4. The Republic recognizes only the civil marriage, the sol- 
emnization of which shall be gratuitous. 

j^ n. The cemeteries shall possess a secular character, and shall bo 
managed by the municipal authorities, but all religious denomina- 
tions shall be free to use their respective rites in conformity Avitli 
their beliefs, provided they do not offend public morals and the laws. 

§ ('). The instruction given in public institutions shall be laical. 

§ 7. Xo denomination or church shall be officially subsidized or 
made (le})endent on. or connected with, the government of the Union, 
or of the States. 

s? S. All persons shall have the right of free association^ and 
assembly without arms; the police force shall not intervene, excepr 
to maintain public order. 

§ 9. All persons shall be permitted to address, by petition, th'^ 
public powers, to denounce abuses of the authorities and to request 
that the guilty parties be held responsible. 

§ 10. In time of peace all persons shall have the right to enter or 
leave the territory of the Republic, when and how they please, carry- 
ing with them their property, Avithout necessity' of securing a pass- 
port. 

? 11. The house is the inviolable asylum of the person who inhab- 
its it ; without his consent no one can enter it at night, except to aid 
the victims of a crime or disaster, or during the day, except in the 
cases and in the form prescribed by laAV. 

§ 12. The expression of opinion on all subjects, through the press 
or from the platform, shall be free, without subjection to censorship, 
each one being responsible for the abuses he may commit, in the ca^es 
and in the form prescribed by laAv. Anonymous publications shall 
not be permitted. 

§ 13. No arrest shall be made, except in case of fagr-ante delJrfo, 
Avithout the prisoner having been previously indicted, unless other- 
Avise permitted by laAv, and upon Avritten order of the proper au- 
thority. 

§ 11. Xo one shall be kept in prison without charges having been 
formally filed against him, except in the cases prescribed by laAV, nor 
taken to prison, or detained there, if he Avill give proper bail, in case? 
Avhere bail is laAvful. 

1 Law of Ki September 1893 (Xo. 173). 



80 CONSTITUTIONS OF THE STATES AT WAR. 

§ 15. No one shall be sentenced, except by competent authority, 
and in virtue of a preexisting law, and in the form prescribed by it. 
- § 16. The law shall secure to the accused the fullest defense and 
all the recourses and means essential thereto, including notice of the 
charge, to be delivered to the prisoner within 24 hours, signed by the 
competent authority, with the names of the accusers and witnesses. 

§ IT. The rights of property shall be maintained in all their pleni- 
tude, except in cases of expropriation because of necessity or public 
utility, in which cases indemnity shall be made beforehand. 

Mines shall belong to the owners of the soil, with the limitations 
which may be established by law to encourage the exploitation of 
this branch of industry. 

§ 18. The secrecy uf correspondence is inviolable. 

§ 19. No penalty shall extend bej^oncl the person of the guiltj^ 
party. 

§ 20. The penalties of the galleys and of judicial banishment art 
abolished. 

§ 21. The death penalty is likewise abolished, saving the provi- 
sions of military legislation in time of war. 

§ 22. The writ of habeas corpus shall always be granted when the 
individual suffers or is in imminent danger of suffering violence or 
coercion, through illegality or abuse of power. 

§ 23. No privileged jurisdiction shall be recognized, except in thos . 
cases which, owing to their nature, belong to special courts. 

§ 24. The free exercise of any profession, moral, intellectual, or 
•ndustrial, shall be guaranteed. 

§ 25. Industrial inventions shall belong to their inventors, who 
bhall be protected by a patent granted for a limited time, or rewarded 
by Congress with a reasonable prize, Avhen the usefulness of the 
invention may vouch for it.^ 

§ 26. The exclusive right to reproduce, by the press or any other 
mechanical process, literary or artistic works is guaranteed to their 
authors. The heirs of the authors shall enjoy this right for the 
period which the law shall determine.- 

§ 27. The law shall also secure the ownership of trade-marks.^ 

§ 28. No Brazilian citizen shall be deprived of his civil or political 
rights, or exempted from the performance of any civic duty whatso- 
ever, on account of his religious belief or office. 

§ 29. All those who allege their religious belief as a reason for 
exempting themselves from any duty which the laws of the Republic 
impose upon its citizens, and those who accept foreign decorations or 
titles of nobility, shall lose all their political rights. 

^ Law of 14 October 1882. The international protection of patents is covered by the 
Law of 9 January 1903. 
2 Law of 1 August 1898. 
" Law of 24 September 1904. 



BRAZIL. 81 

§ 30. No tax of «iny kind shall be collected except under authority 
of law. 

§ 31. Trial by jury shall be maintained. 

Art. 73. Public oflices, civil or military, shall be accessible to all 
Brazilian citizens, provided that the conditions of special fitness, 
fixed by law, be observed; the accumulation of salaried positions is 
forbidden. 

Art. 74. Commissions, positions and offices to be held for life 
shall be fully guaranteed. 

Art. 75. Public officers shall be retired with pay. only in case of 
becomino; unable to perform their duties while in the service of the 
nation. 

Art. 70. Officers of the army and navy shall forfeit their com- 
missions, onl}^ when condemned, after trial by the competent courts, 
to more than two years' imprisonment. 

Art. 77. The military and naval officers shall be tried by special 
courts for military offenses. 

^ 1. This jurisdiction shall be vested in a Supreme Military Court, 
whose memboi's shall serve for life, and in the courts martial which 
may be needed for the proper trial of the cases. 

§ 2. The organization and attributions of the Supreme Military 
Court shall be o-overned by law.^ 

Art. 78. The enumeration of guarantees and rights made in the 
Constitution shall not exclude other guarantees and rights not 
enumerated, but resulting from the form of government established 
and the principles proclaimed by said Constitution. 

Title V. — General Provisions. 

Art. 70. The citizen vested with functions belonging to one of the 
three federal powers shall not exercise those belonging to the other 
two. 

Art. 80. Any part of the territory of the Union may be declared 
in state of siege and the constitutional guarantees suspended in it for 
a fixed period, whenever the security of the Republic ma}' demand it, 
in case of foreign aggression or internal disturbance (Article 34, 
Xo. 21). 

§ 1. If Congress is not in session and the country is in imminent 
danger, the federal executive power shall exercise this prerogative 
(Article 48. No. 15). 

§ 2. In the exercise of this power during a state of siege the 
executive power shall be restricted to the following measures of re- 
pression against persons: 

1. To their detention in a place not destined for persons ac- 
cused of common crimes. 

'This rourt was organized by tlio Law of 18 July 1S93 (No. 149). 



82 CONSTITUTIONS OF THE STATES AT "WAR. 

2, To banishment to some other part of the national territory. 

§ 3. As soon as the Congress assembles, the President of the 
Republic shall report to that body all the exceptional measures which 
he may* have taken, giving his reasons therefor. 

§ 4. The authorities who have ordered such measures shall be 
responsible for any abuses which may have been committed. 

Art. 81. Terminated criminal cases may be reviewed at any time, 
if to the benefit of the condemned parties, by the Federal Supreme 
Court, which shall amefncl or affirm the sentence. 

§ 1. The law shall determine the manner and form of the revision, 
which may be asked for, either by the condemned party, by any one 
of the people, or ex officio by the Attorney-General of the Republic. 

§ 2. In such revisions, the penalties imposed by the judgment 
under review shall not be increased. 

g 3. The provisions of the present article shall apply to military 
trials. 

Art. 82. Public officers shall be strictly responsible for the abuses 
and omissions of which they may be guilty in the exercise of their 
functions, as well as for their failure, through indulgence or negli- 
gence, to exact from their subordinates the proper responsibility for 
their acts. 

Sole §. Public officers shall bind themselves, formally, on taki^ig 
possession of their offices, to faithfully discharge the lawful duties 
of the same. 

Art. 83. Until revoked, the laws of the former regime shall re- 
main in force, except in so far as they are explicitly or implicitly 
contrary to the system of government established by the Constitution, 
and to the principles proclaimed by its provisions. 

Art. 84. The government of the Union guarantees the payment of 
the public debt, domestic or foreign. 

Art. 85. The staff and line officers of the navy shall have the same 
ranks and privileges as the officers of the army of corresponding 
grade. 

Art. 86. Every Brazilian is bound to do military service in defense 
of the country and of the Constitution, in accordance with the fed- 
eral laws. 

Art. 87. The federal army shall be made up of contingents, which 
the States and the Federal District are bound to furnish in accord- 
ance with the annual law fixing the strength of the public force. 
^ 1. A federal law shall determine the general organization of the 
army, in accordance with No. 18 of Article 34. 

§ 2. The military instruction of the corps and branches of the army 
service and higher military education shall be in charge of the 
Union. 

§ 3. Compulsory recruiting for military service is abolished. 



BRAZIL. 83 

§ 4. The army and navy shall consist of volunteers, enlisted with- 
out bounty, and if this method fails, draftings shall be made accord- 
ing to a plan previously arranged. 

The personnel of the navy shall be made up by lot out of pupils 
of the Naval School, the schools of naval apprentices, and members 
of the merchant marine. 

Art. 88. The United States of Brazil shall in no case engage in a 
war of conquest, directly or indirectly, by itself or in alliance with 
another nation. 

Art. 89. A Court of Accounts shall be established to audit the 
accounts of receipts and expenditures and to pass upon their legality 
before they are presented to Congress. 

The members of this Court shall be appointed by the President 
of the Eepublic with the approval of the Senate, and shall lose their 
places only by judicial sentence. 

Art. 90. The Constitution may be amended upon the initiative of 
the National Congress, or of the legislatures of the States. 

§ 1. An amendment shall be considered as proposed, when intro- 
duced by one fourth, at least, of the members of either house of th^. 
National Congress, and accepted, after three discussions, by two 
thirds of the votes in both houses of the Congress, or, when suggested 
by two thirds of the States, in the course of one year, each State 
being represented by a majority of the votes of its legislature. 

§ 2. The proposed amendment shall be considered approved, if, 
in the following year, after three discussions, it is adopted by a 
majority of two thirds ^ of the votes in the two houses of Congress. 

§ 3. The amendment adopted shall be published with the signa- 
tures of the presidents and secretaries of the two houses, and incor- 
porated in the Constitution as an integral part thereof. 

^ 4. No project having a tendency to abolish the federal republican 
form of government, or the equal representation of the States in the 
Senate, shall be admitted for consideration in the Congress. 

Art. 91. As soon as this Constitution is approved, it shall be pro- 
mulgated by the presiding officers of the Congress and signed by the 
members of the same.- 

TRANSITORY PROVISIONS. 

Article 1. Upon the promulgation of the present Constitution, 
the Congress, assembled in joint session, shall choose at once, by 
absolute majority in the first balloting, and, if such be not obtained, 
by a relative majority in the second, the President and Vice-Presi- 
dent of the United States of Brazil. 

1 The governmental draft proposed a majority of three fourths. 

- In the Official Journal of 25 Feliruary 1891 there are 223 signatures. 



84 COWSTITUTIOISI-S OF THE STATES AT WAE. 

§ 1. This election shall be made through two different votes, one 
for the President and another for the Vice-President ; the votes for 
the President shall be taken and counted first, and then the votes for 
Vice-President shall be taken and counted. 

§ 2. The President and Vice-President thus elected shall fill the 
Presidency and Vice-Presidency of the Republic during the first 
presidential term. 

§ 3. There shall be no incompatibilities in this election, 

§ 4. As soon as said election is made, the Congress shall declare its 
mission in joint session as a convention to be ended, and. separating 
itself into Chamber and Senate, shall enter upon the exercise of its 
normal functions on the fifteenth of June of the current year, and it 
shall not for any reason be dissolved. 

§ 5. In the first year of the first legislature, the Senate, as soon as 
it has completed its organization, shall designate preliminarily the 
first and second thirds of its members, whose terms shall cease at the 
end of the first and second triennial periods. 

§ 6. This designation shall be made in three lists, correspond- 
ing to the three thirds of the Senate, whereon the names of 
the senators of each State and of the Federal District shall be in- 
scribed, according to the respective number of votes obtained by 
them, so that the one first in the voting in the Federal District and 
in each State shall be placed in the list for the last triennium and the 
others in the lists of the other triennial periods, according to the 
relative number of votes obtained by them. 

§ 7. In case of tie preference shall be given to the elder, and if the 
ages be equal the choice shall be made by lot. 

Akt. 2. The State which, at the end of the 3'ear eighteen hundred 
and ninety-two, shall not have adopted a constitution for itself, 
shall be, by Act of CongTess, subjected to that one of another State, 
whicli may be deemed most suitable, but the State thus subjected to 
the constitution of another State shall have the right to amend that 
instrument in the manner provided in the same. 

Art. 3. As fast as the States shall be organized, the federal gov- 
ernment shall deliver to them the administration of the services 
which belong to them under the Constitution, and shall settle the 
responsibility of the Federal administration in all that relates to 
said services and to the payment of the respective officials. 

Art. 4, While the States are engaged in regulating their expenses 
and during the whole period of organization of their services, the 
federal government shall grant them special credits for this purpose, 
under conditions to be established by law. 

Art. 5. As soon as the States are organized, the classification of the 
revenues established in the Constitution shall enter into force. 



En.vziL. 85 

Airr. C. In the first appointments of federal and State judges, 
preference shall be given to the present members of the law courts, 
and to those judicial officers called descmhargadorcs, who may enjoy 
the greatest reputation. 

Judges who have served for over thirty years and can not have 
positions in the new judicial organization shall be retired on full pay. 

Those who have served for less than thirty years shall continue 
to receive their present salaries until they are employed or retired 
with salaries corresponding to their time of service. 

Tjie expenses to be incurred in paying the salaries of the judges 
placed on the retired or reserve lists shall be paid by the federal 
go\"ernment. 

Art. 7. On and after 15 November 1889, a pension shall be paid 
to I). Pedro de ALCA^TTARA, ex-Emperor of Brazil, which shall guar- 
antee him a suitable maintenance for the remainder of his life. Con- 
gress in its first regular session shall fix the amount of this pension. 

Art. 8. The federal government shall acquire for the nation the 
house in which Benjamin Constant Botelho de Magalhaes died, 
and shall order a tablet to be placed upon the same in memory of 
that great patriot, the founder of the Republic. 

Sole §. The widow of said Dr. Benjamin Constant shall enjoy 
the use of said house during her life.^ 

1 Thf; ' signatures of the President of the Congress and of the senators and deputies 
follow. 



BULGARIA. 

The Preliminary Treaty of Peace, which ended the Ivusso-Tiirkish 
War and was signed at San Stefano 19 February / 3 March 1878,^ 
considerably reduced the Ottoman power in Europe. Bulgaria was 
separated from the Ottoman Empire and constituted into " an au- 
tonomous and tributary principality, under the sovereignty of His 
Majesty the Sultan," by Article 1 of the Treaty of Berlin of 13 July 
1878.- This same treaty imposed on the new State certain conditions 
relative to the election of the Prince (Article 2) and religious liberty 
(Article 5). On 10/22 February 1879, the first Bulgarian assembly 
of notables convened in the principality and the new Constitution 
Avas promulgated at Tirnovo 16/28 April 1879. It contains 169 arti- 
cles.^ Eastern Rumelia revolted against Turkish domination in Sep- 
tember 1885 and proclaimed Alexander Prince. The latter accepted 
'" the title of Prince of the two Bulgarias of the north and of the 
south " by a manifesto dated from Tirnovo 20 September. 

The Constitution of 1879 was the object of an important revision 
in 1893. The proposal of the government, adopted by the Ordinary 
National Assembly on 7/19 December 1892, was submitted to the 
(jrand National Assembly, which was convened at Tirnovo on 3/15 
May 1893. On 15/27 May the revision was passed. Thirteen articles 
of the Constitution were amended: Articles 6, 38, 58, 59, 86, 111, 115, 
125, 126, 139, 141, 144 and 161.* 

In 1911 the Constitution underwent another revision. Tlie Grand 
National Assembly was opened at Tirnovo on 9/22 June 1911 and 
held twenty -two meetings, at the conclusion of which (7/20 July) 
the project of the Fourteenth Ordinary National Assembly was 
adopted with some modifications and promulgated four days later. 
Fourteen articles were amended: Articles 6, 17, 19, 24, 35, 38, 55, 72, 
73, 76, 86, 121, 127 and 161. 

1 French text in British and Foreign State Papers, 69 : pp. 732-744 ; English transla- 
tion in Edward Hbrtslet, Map of Europe hy Treaty, vol. iv (London, 1S!)1), pp. 2672- 
2696. 

2 French text in British and Foreifjn State Papers, 69: pp. 740-767; English transla- 
tion in Hertslet, op. cit., pp. 2759-2709. 

^ French translation in British and Foreign State Papers, 70 : pp. 1303-1318, and Ap- 
nttaire de legislation ctrangere, 9 (1879) : pp. 774—790. 

* French translation in Annuaire de legislation etrang^re, 23 (1893): pp. 682-684, 
with the old and new texts in parallel columns. 

87 



88 CONSTITUTIONS OF THE STATES AT WAR. 

The electoral law in force bears the date of 23 March / 4 April 
1897.1 It received slight modifications in 1898, 1901, 1906, 1907, 1908, 
1909, 1910, 1911 (twice) and 1912. Laws of 16/29 March 1903 and 
11/24 April 1910 have prescribed the boundaries of the electoral 
districts.^ 



CONSTITUTION OF 16/28 APRIL 1879, WITH AMENDMENTS OF 
15/27 MAY 1893 AND 11/24 JULY 1911.3 

Chapter I. — The Territory or the Kingdom. 

Article 1. The territory of the Kingdom of Bulgaria may not be 
increased or diminished without the consent of the Grand National 
Assembly. 

Art. 2. The rectification of boundary lines, if this has not been 
done in inhabited regions, may also be decreed by the Ordinary Na- 
tional Assembly (Article 85). 

Art. 3. The territory is divided for administrative purposes into 
districts, sections {arrondissements) and communes. 

A special law shall be drafted for the organization of this admin- 
istrative division on the principle of autonomy for the communes. 

Chapter II. — The Power or the Ki^^g and its Limitations. 

Art. 4. The Bulgarian Kingdom is an hereditary constitutional 
monarchy with national representation. 

Art. 5. The King is the supreme representative- and head of the 
State. 

Art. 6.* The King bears the title of His Majesty the King of the 
Bulgars; the heir to the throne, that of His Royal Highness. 

Art. 7. The King of Bulgaria may not, without the consent of the 
Grand National Assemblj^, be at the same time the sovereign of an- 
other State. 

Art. 8. The person of the King is sacred and inviolable. 

Art. 9. The legislative power belongs to the King and the national 
representation. 

Art. 10. The King sanctions and promulgates the laws passed by 
the National Assembly. 

1 Published in the Official Journal, 30 April/12 May. See analysis in Annuaire de 
legislation etrangere, 27 (1897) : pp. 780—799. 

^ These introductory paragraphs are based upon F. R. Dareste et P. Dareste, Les Con- 
stitutions modernes (3d edition, Paris, 1910), vol. ii^ p. 296-298, with additions based 
upon the Annuaire de legislation etrangere. 

^ Translated by George D. Gregory from the French translation in the British and 
Foreign State Papers, 107 : pp. 615-630. A German translation of the Constitution of 
1879 and of the amendments of 1893 is in Paul Posener, Die Staatsverfassungen des 
Erdhalls (Charlottenburg, 1909), pp. 16-31 and 31-32 respectively. 

*As amended 11/24 July 1911. 



BULGARIA. 89 

Art. 11. The Kino- is tl:o Kiipronie lie:ul of all the military forces 
of the country in time of peace as well as in time of war. He con- 
fers military rank in accordance with the law. Those who enter 
upon the military career take an oath of fidelity to the King. 

Art. 12. The executive power belongs to the King. All the 
agencies of this power act in his name and under his liigh supervision. 

Art. 13. The judicial power belongs entirely to the authorities and 
persons vested with judicial powers, who act in the name of the 
King. The relations of the King with the judicial authorities are 
determined by special regulations. 

Art. 14. The King has the right to mitigate and commute pun- 
ishments in accordance with the rules laid down in the law on crim- 
inal procedure. 

Art. 15. The King has the right of pardon in criminal cases. 
The right of amnesty belongs to the King conjointly with the Na- 
tional Assembly. 

Art. 16. The rights of the King specified in Articles 14 and 15 
do not cover sentences passed upon ministers for violations of the 
Constitution. 

Art. 17.^ The King is the representative of the State in all its 
relations with foreign countries. The government negotiates and 
concludes in his name all treaties with foreign countries, which must 
be sanctioned by the King. The ministers inform the National As- 
sembly thereof as soon as the interests and security of the State per- 
mit (Article 92 of the Constitution). 

Nevertheless treaties of peace, of commerce, treaties obligating the 
State finances, those that are in derogation of laws now in existence, 
treaties relating to the public or civil rights of Bulgarian subjects 
do not become definitive until they have been voted by the National 
Assembly. 

In no case can the secret stipulations of a treaty nullify the pub- 
lished articles. 

Art. 18. Decrees and regulations emanating from the King are 
executory when countersigned by the respective ministers, who as- 
sume entire responsibility therefor. 

Chapter III. — The Residence of the King. 

Art. 19.^ The King is obliged always to reside in the Kingdom. 
If he leaves it temporarily, he designates a Regency, which shall be 
conferred upon the Council of Ministers. The rights and the duties 
of the Regency shall be determined by a special laAv. The King com- 
municates his departure and the designation of the Regency to the 
Council of Ministers, which informs the nation thereof through the 
official journal. 

»As amended 11/24 July 1911. 
88381—19 7 



90 COiS'STITUTIONS OF THE STATES AT WAR. 

Art. 20. The heir to the throne must likewise reside in the King- 
dom and niay not leave it except with the consent of the King. 

Chapter IV. — The Arms of the Kingdom, the Seal and the 

National Flag, 

Art. 21. The arms of the Bulgarian State consist of a crowned 
lion of gold on a dark red field. The shield is surmounted by the 
royal crown. 

Art. 22. The seal of the State shall bear the arms of the Kingdom. 

Art. 23. The Bulgarian flag is tricolor and consists of the colors 
white, green and red arranged horizontally. 

Cpiapter V. — The Order or Succession to the Throne. 

Art. 24.^ The Eoyal dignity is hereditary in a direct line by right 
of primogeniture in the male descendance of His Majesty the King 
of the Bulgars, Ferdinand I of Saxe-Coburg and Gotha. A special 
law shall govern the order of succession to the throne. 

Chapter VI. — The Majority of the King, the Regency and 

GuARpiANSHIP. 

Art. 25. The reigning King and the heir to the throne attain their 
majority at the age of eighteen. 

Art. 26. If the King ascends the throne before attaining this age, 
a regency and guardianship are constituted for him until he attains 
his majority. 

Art. 27. The Regency is composed of three regents who are elected 
by the Grand National Assembly. 

Art. 28. The reigning King may also appoint three regents dur- 
ing his lifetime, if the heir to the throne has not attained his ma- 
jority. But in this case the consent and confirmation of the Grand 
National Assembly are necessary. 

Art. 29. Ministers, the president and members of the Court of 
Cassation and persons who have filled these offices in an irreproach- 
able manner may be members of the Regency. 

Art. 30. Members of the Regency on assuming office take an oath 
cf fidelity to the King and the Constitution before the Grand Na- 
tional Assembly. After which they announce to the nation by proc- 
lamation that they have undertaken the government of the country 
within the limits of the royal power and in the name of the King. 

Art. 31. As soon as the King has attained his majority and taken 
oath, he assumes the government of the country and advises the na- 
tion thereof by a proclamation. 



As amended 11/24 July 1911. 



BULGARIA. 91 

Art. 32. The education of the King during his minority and the 
administration of his estates are in the hands of the Queen widow 
and the tutors appointed by the Council of Ministers with the con- 
sent of the Queen, 

Art. 33. Members of the Regency may not be at the same time 
tutors of the minor King. 

Chapter VII. — Accession to the Throne and the Taking of 

THE Oath. 

Art. 34. Upon the death of the King the heir ascends the throne 
nnd immediately orders the convening of the Grand National As- 
sembly, before which he takes the following oath : 

I swear in the name of God Almighty that I shall uphold devoutly and in- 
violably the Constitution and the laws of the Kingdom and that in all my 
actions I shall always have in view only the prosperity and welfare of the 
country. So help me God ! 

Chapter VIII. — Maintenance of the King and of the Members 
OF the Royal House. 

Art. 35.1 The National Assembly fixes by a special law the civil 
list of the King and of his court. 

Art. 36. The National Assembly fixes the amount for the main- 
tenance of the heir to the throne as soon as he has attained his 
majority. 

Chapter IX. — Religion. 

Art. 37. The Orthodox Christian Religion of the Eastern Rite 
is the State religion of the Kingdom of Bulgaria. 

Art. 38.1 ^j^g King may not profess any religion other than the 
Orthodox. An exception is made in the case of the present King. 

Art. 39. As the Kingdom of Bulgaria forms, from an ecclesias- 
tical point of view, an inseparable part of the pale of the Bulgarian 
Church, it is subject to the Holy Synod, which is the supreme 
authority of the Bulgarian Church, wherever the seat of that author- 
ity may be. It is through it that the Kingdom preserves its union 
Avith the Ecumenical Eastern Church in all that pertains to the 
dogmas of the faith. 

Art. 40. Unorthodox Christians and non-Christian inhabitants, 
whether subjects of the Kingdom or received as^ such, as well as 
foreigners permanently or temporarily residing in Bulgaria, enjoy 
freedom of worship in so far as their religious practices do not vio- 
late existing laws. 

lAs amended 11/24 July 1911. 



92 CONSTITUTIONS OF THE STATES AT Vv^AR. 

Art. 41. No one may, by virtue of liis religions convictions, be 
exempted from the obligations of the laws in force, which are bind- 
ing upon everybody. 

Art. 42. The ecclesiastical affairs of unorthodox Christians and 
of non-Christians are governed by the respective religious authori- 
ties within the limits of the law^s laid down on this subject and 
under the high supervision of the competent minister. 

Chapter X. — The Laws. 

Art. 43. The Bulgarian Kingdom shall be governed strictly in 
accordance with the laws, which are made and promulgated in the 
forms indicated in the present Constitution. 

Art. 44. No law may be promulgated, completed, modified, or re- 
pealed without first being discussed and voted upon by the Natioiial 
Assembh^, which also has the right of interpreting its precise mean- 
ing. 

Art. 45. Every law voted by the National Assembly is submitted, 
to the King for his sanction. 

Art. 46. After being sanctioned by the King, the law must be 
promulgated in full. Mention must be made in the promulgation of 
the law of its adoption by the National Assembly. No law has any 
force or effect before its promulgation. 

Art. 47. If the State is menaced by some internal or external 
danger and the National Assembly can not be convened, then, and 
in this case only, the King may, upon the representations of the 
Council of Ministers and their joint responsibility, publish ordi- 
nances and take measures which will have the same binding force 
as laws. The extraordinary ordinances and measures shall be sub- 
mitted to the approval of the first National Assembly which is con- 
vened thereafter. 

Art. 48. The measures and ordinances mentioned in Article 47 
may in no case have for their object the creation of taxes and con- 
tributions, which shall always be imposed with the consent of the 
National Assembly. 

Art. 49. The National Assembly alone has the right to decide 
whether all the formalities prescribed by the present Constitution 
have been fulfilled in the publication of a law. 

Art. 50. Kegulations for putting a law into effect and the meas- 
ures which must be taken to this end are in the hands of the execu- 
tive power. 

Chapter XL — The Property of the State. 

Art. 51. The property of the State belongs to the Bulgarian King- 
dom, and neither the King nor the members of his family may 
assume the enjoyment thereof. 



BULGARIA. 93 

Art. 52. The iniinner in which this property may be alienated or 
mortgaged, as well as the use to which the revenue therefrom is to 
be put, shall be prescribed b}^ law. 

Art. 53. The property of the State is administered by the compe- 
tent minister. 

Chapter XII. — The Citizens of the Bulgarian Kingdom. 

SECTION 1. general RULES. 

Art. 54. All those who are born in Bulgaria and who have not 
changed their nationality, as w^ell as those who are born in foreign 
countries of parents who are Bulgarian subjects, are considered sub- 
jects of the Bulgarian Kingdom. 

Art. 55.^ Foreigners may be admitted to Bulgarian nationality by 
virtue of a law, to be drafted hereafter. 

Art. 56. Any subject of the Kingdom may change his nationality 
after he has completed his period of military service and fulfilled his 
other obligations toward the State, in conformity with a special law, 
to be drafted hereafter. 

Art. 57. All Bulgarian subjects are equal before the law; no divi- 
sion into classes is tolerated in Bulgaria. 

Art. 58.- Titles of nobility and other distinctions can not exist in 
the Kingdom. 

Art. 59.'- The King has the right to grant decorations. The crea- 
tion of decorations takes place by virtue of a special law. 

Art. 60. Citizens of the Bulgarian Kingdom alone enjoy political 
rights. All who dwell w ithin the Kingdom have civil rights in con- 
formity with the laws. 

Art. 61. No one in the Bulgarian Kingdom has the right to buy or 
sell human beings. 

Every slave of whatever sex, nationalit}^, or religion is free as soon 
as he sets foot on Bulgarian territory. 

Art. 62. Laws concerning public order and police laws are equally 
binding upon all who live in the Kingdom. 

Art. 63. All immovable property situated in the Kingdom, even 
though it belongs to foreigners, is governed by the Bulgarian laws. 

Art. 64. In all other respects, the condition of foreign subjects in 
tlie Kingdom is governed by special laws. 

SECTION 2. — -THE SERVICE OF THE STATE AND PUBLIC OFFICE. 

Art. 65. Bulgarian subjects alone may be officials of the State or 
of the commune, or be admitted to service in the army. 

1 As amended 11/24 July 1911. - As amended 15/27 May 1893. 



94 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 66. Foreign subjects may also be admitted to the service of 
the State, subject, however, to the approval of the National Assembly 
in every instance. 

SECTION 3. THE RIGHT OF PROPERTY. 

Art. 67. The right of property is inviolable. 

Art. 68. Expropriation may take place only because of public 
utility and in consideration of a just indemnity. The mode of ex- 
propriation shall be determined by a special law. 

SECTION 4. TAXES AND CONTRIBUTIONS LEVIED BY THE STATE. 

Art. 69. Every subject of the Bulgarian Kingdom, without ex- 
ception, is obliged to pay the taxes and contributions established by 
the laws and to bear the other charges. 

Art. To. The King and the heir to the throne are exempted from 
all taxes, contributions and other charges. 

SECTION 5. — military SERVICE. 

Art. 71. Every Bulgarian subject is liable to military service ac- 
cording to the law to this effect. 

Art. 72.^ A special law shall specify the crimes, imputable to 
soldiers in active service, that fall within the jurisdiction of the 
military courts and those that come within the competence of the 
courts of common law. 

SECTION 6. — inviolability OF PERSON, DOMICILE AND CORRESPONDENCE. 

Art. 73.^ No one may be subjected to punishment except by virtue 
of a definite judgment of a competent court. 

Neither exceptional tribunals nor commissions of inquiry may be 
created upon any pretext or under any designation whatever. 

In time of war or in case of imminent peril resulting from foreign 
invasion or an armed insurrection, when the entire country or cer- 
tain localities have been proclaimed to be in a state of siege, courts 
martial instituted by law come into operation. 

The state of siege is proclaimed by law, if the National Assembly 
is in session, or by decree on the joint responsibility of the ministers, 
if the said Assembly is not in session. In the latter case the National 
Assembh^ must be convened within five days to approve the decree 
issued to this effect. 

lAs amended 11/24 July 1911. 

2 All of this article after Paragraph 1 was added 11/24 July 1911. 



BLTLGARIA. 95 

Akt. 74. Imprisonment and domiciliary visits may take place only 
in accordance with the rules laid down by law. 

Art. 75. No i)unishment except that prescribed by law may be 
applied to any one whomsoever. 

Torture, as well as the confiscation of property, is prohibited. 

Art. 76.1 

Art. 77. The secrecy of private letters and telegrams is inviolable. 
The responsibility of officials relative to the violation of the secrecy 
of letters and telegrams shall be governed by a special law. 

section 7. rUBLIC INSTRUCTION. 

Art. 78. Primary instruction is obligatory and free to all sub- 
jects of the Bulgarian Kingdom. 

SECTION S. — FREEDOM OF THE PRESS. 

Art. 79. The press is free. No censorship is permitted. No se- 
curity shall be required of writers, publishers, or printers. When 
an author is known and resides in the Kingdom, the publisher, the 
printer and the distributors shall not be prosecuted. 

Art. 80. The Holy Scriptures, ecclesiastical books and w'orks 
dealing wdth the dogmas of the Orthodox Church, as well as man- 
uals on religion for use in Orthodox schools, shall first be submitted 
to the approval of the Holy Synod. 

Art. 81. All misdemeanors on the part of the press shall be judged 
according to law by the ordinary courts. 

SECTION 9. freedom OF ASSEMBLY AND OF ASSOCIATION. 

Art. 82. The inhabitants of the Bulgarian Kingdom have the 
right peaceably to assemble and to discuss unarmed any question 
without first asking permission. Meetings held in the open air are 
wholly subject to police regulations. 

Art. 83. Bulgarian citizens have the right to form associations 
without any previous authorization, provided the object of such as- 
sociations and the means employed do not jeopardize the security 
of the State, public order, religion, or public morals. 

SECTION in. THE RIGHT OF PETITION. 

Art. 84. Every Bulgarian subject may present petitions to the 
competent authorities either individually or collectively. Legally 
constituted institutions may likewise present reque>=^is through the 
intermediary of their representative. 



1 Rescinded 11/24 July liUl. 



96 CONSTITUTIONS OF THE STATES AT WAR. 

Chapter XIII. — National Representation. 

Art. 85. The representation of the Bulgarian Kingdom consists 
of a National Assembly, which may be: 

1. An Ordinary National Assembly. 

2. A Grand National Assembly. 

Chapter XIV. — The Ordinary National Assembly. 

SECTION 1. composition OF THE ORDINARY NATIONAL ASSEMBLY. 

Art. 86.^ The Ordinary National Assembly consists of represen- 
tatives elected by direct vote in the ratio of one deputy for every 
twenty thousand inhabitants of both sexes. Reperesentatives are 
elected for four years. 

All Bulgarian citizens who have attained the age of 21 years and 
who enjoy civil and political rights are electors. 

Bulgarian citizens enjoying civil and political rights, who have 
attained the age of 30 and who can read and write, are eligible for 
election as representatives. 

An electoral law shall be drafted.^ 

Art. 87. Those elected represent not only their constituents, but 
the whole nation; that is why they may not accept any obligatory 
instruction from their constituents. Representatives are entirely 
free in their opinions as to the needs of the country and are guided 
only by their convictions and conscience. 

Art. 88. As soon as the session is opened, the National Assembly, 
under the presidency of its senior member, proceeds immediateh' to 
the election of its president and vice presidents. 

Art. 89. The National Assemblj^ elects from among its members 
as many secretaries as are necessary. 

Art. 90. The ministers may attend the meetings of the Assembly 
and take part in the discussions. The Assembly is obliged to hear 
the ministers whenever they request the floor. 

Art. 91. For the purpose of presenting to the Assembly explana- 
tions on the subjects which are submitted, the King may, in the place 
and stead of the ministers or conjointly with them, appoint special 
commissioners in the Assembly, who in this case enjoy, like the minis- 
ters, the rights designated in the foregoing Article 90. 

Art. 92. The Assembly may invite the ministers and commission- 
ers to attend its meetings, in order to furnish such information and 
explanations as are required. The ministers and commissioners are 
obliged to present themselves before the Assembly and to commu- 

lAs amended 11/24 July 1911. 

^ See introductory paragraphs preceding this Constitution. 



BULGARIA. 97 

nicate personally the explanations requested. The ministers and 
commissioners may on their own responsibility preserve silence as 
to facts, the premature divulging of which might be injurious to the 
interests of the State. 

SECTIOX 2. FREEDOM OF OPINION AND INVIOLABILITY OF MEMBERS OF THE 

ASSEMBLY. 

Art. 93. Every member of the Assembly has the right freely to 
express his opinion and to vote according to his conviction and his 
conscience. No one may call him to account for the opinion he has 
expressed nor prosecute him because of it. 

Art. 9J:. The rights of the president and the responsibility of the 
members of the Assembly with regard to the rules to be observed in 
the meetings are determined by a special regulation governing the 
internal affairs of the Assembly. 

Art. 95. Members of the Assembly who during its session shall 
commit misdemeanors or crimes provided for by the criminal law 
may not be brought into court except with the authorization of the 
Assembly. 

Art. 9G. Members of the National Assembly during the five days 
preceding the opening and throughout the entire session may not be 
arrested or tried, unless they are accused of crimes involving the 
heaviest penalties prescribed by the criminal law. In this case the 
arrest of a representative must be immediatel}^ communicated to 
the National Assembly, and not until it so authorizes may judicial 
prosecution be commenced. 

Art. 97. Eepresentatives may not be held for debt during the five 
days preceding the opening and througliout the entire session of the 
Assembly. 

Art. 98. The provisions relating to replacing deceased or retiring 
members of the Assembly are laid down by the electoral law. 

SECTION 3. PUBLICITY OF THE MEETIN(;S OF THE NATIONAL ASSEMBLY. 

Art. 99. The meetings of the National Assembly are public. 

Art. 100. The president, one of the mini-ters or commissioners, or 
at least three uiembers of the Assembly may propose to exclude the 
public from the Assembly chamber. Such a proposal is discussed in 
secret and decided by a majority vote of the members present. 

Art. 101. The decision mentioned in the preceding article (100) is 
publicly proclaimed by the president. 

Art. 102. No one bearing arms may enter the chamber or the 
building in which the Assembly is sitting. 



93 CONSTITUTIONS OF THE STATES AT WAR. 

Military guards and armed forces generally must not be placed at 
the door of the chamber or in the building of the Assemblj' itself or 
in the vicinity of that building, unless a majority of the Assembly so 
desires. 

Art. 103. The Assembly has its own internal police who are un- 
der the orders of the president. 

Art. 104. The National Assembh^ makes its own rules for its 
internal government and the manner in which it shall proceed to 
examine the questions upon which it is to pass. 

Chapter XV. — Attributions or tpie National Assembly. 

Art. 105. The attributions of the National Assembl}^ are as fol- 
lows : 

1. To discuss bills, in pursuance of Article 44. 

2. To discuss proposals for loans to the State, for the increase, 
diminution or imposition of taxes and all kinds of contributions, as 
well as their distribution and the manner of their collection. 

3. To decree releas? from taxes and contributions Avhich are 
in arrears and the collection of which appears to have become im- 
possible. 

4. To discuss the annual budget of receipts and expenditures. 

5. To control the expenditure of the sums carried in the budget. 

6. To control the operations of the Court of Accounts, which 
is obliged to i^resent to the Assembly detailed data on the use to 
which the budget has been put. 

7. To put questions as to the responsibility of ministers. 
Art. 106. The Assembly has the right to receive all kinds of pe- 
titions and requests and to transmit them to the respective ministers. 
It has the right to appoint commissions of inquiry in all the branches 
of the administration. 

Ministers are obliged to furnish explanations when the Assembly 
asks for them. 

Art. lOT. The members of the Assembly have the right to address 
interpellations to the government; the government and the respec- 
tive ministers are obliged to reply thereto. 

Chapter XVI. — Rules Relating to the Presentation and Exami- 
nation OF Bills and Proposals. 

Art. 108. The King and the National Assembly have the right 
to initiate legislation. 

Art. 109. Bills and proposals are presented to th^ National A::- 
sembly by the res^^ective ministers at the command of the King. 



BULGARIA. 99 

Any representative in the National Assembly may likewis? pre- 
sent bill, or proposals if he is supported by one fourth of the mem- 
bers present. 

Art. 110. Any bill or proposal presented to the National Assem- 
bly may be withdrawn so long as it has not been passed as a whole. 

Art. 111. The National Assembly may amend, complete, or cor- 
rect bills which are presented to it. 

Art. 112. If the government does not consent to the amendments, 
additions, or corrections in the bills presented by it, it may withdraw 
them or present them again in their original form, with explanations 
and remarks ; or it may present them with the amendments and addi- 
tions which it deems it advisable to introduce therein. 

Art. 113. If the Assembly rejects a bill in its entirety, it may not 
be again presented to the Assembly without modification at the same 
session. Such a bill may be presented at another session. 

Art. 114.^ Bills presented to the National Assembly may not be 
\oted unless more than one third of all the representatives are pres- 
ent at the meeting. 

Art. 115.^ The members of the Assembly are required to vote in 
person and in public. The vote may, however, be in secret if at least 
ten members so request and if their request is granted by the National 
Assembly. 

Art. 116. The Assembly decides questions by a majority vote. 

Art. 117. In case of a tie vote, the bill or proposal is considered 
defeated. 

Art, 118. The King must make known to the Assembly, during its 
session, his decision on every resolution which is passed by the As- 
sembly and submitted to him. 

Chapter XVIL — The Budget. 

Art. 119. The budget is submitted every year to the National As- 
sembly for discussion. 

Art. 120. As soon as the budget is voted by the National Assem- 
bly, it is submitted to the King for his sanction. 

Art. 121.- The National Assembly discusses the proposed budget 
article by article. 

Art. 122. When the Assembly can not be convened and there are 
necessary emergency expenses to be provided for, the budget for the 
preceding year remains in force on the responsibility of the minis- 
ters until the National Assembly approves the expenditures made. 
This approval must be given at the next following session, 

1 As amended 15/27 May 1893. ^As amended 11/24 July 1911. 



100 CONSTITUTIONS OF THE STATES AT WAR. 

Chapter XVIII. — State Loans. 

Art. 123. No loan may be contracted without the consent of the 
National Assembly. 

Art. 124. If it should become necessary to contract a loan, when 
the legislature is not in session, to meet extraordinary emergency 
expenses, the Assembly is convened immediately in extraordinary 
session. 

Art. 125.^ If there are serious obstacles in the way of convening 
the National Assembly, the King, on the initiative of the Council of 
Ministers, may decree a loan up to the sum of three million francs, on 
condition that such loan be submitted to the approval of the next 
National Assembly. 

Art. 126.^ As regards expenses for which no credit has been 
opened, the King may, in such cases and in accordance with the 
formalities indicated in the preceding article (125), order them to be 
defrayed from the treasury funds, but on condition that all such 
expenses shall not exceed the sum of one million francs. 

Art. 127.- The King convenes the National Assembly regularly 
every year. The session lasts from 15 October to 15 December [old 
style] and from 15 January to 15 March [old style]. But the Assem- 
bly may be convened in extraordinary session, if important matters 
are on its program. 

Chapter XIX. — The Convening of tpie Assembly. 

Art. 128. The place where the Assembly is to sit and the length of 
its session, as set forth in Article 127, are fixed by the convocation 
decree signed by the King. 

Art. 129. The ordinary session of the Assembly may be prolonged 
if the King and the National Assembly mutually consent thereto. 

Art. 130. The King opens and closes the Assembly in person or 
through a delegate specially designated for that purpose by procura- 
tion. 

Art. 131. Prior to the opening of the Assembly all its members 
take, simultaneously and according to the forms of their religion, 
the following oath : 

I swear in the name of the Only God to respect and defend the Constitu- 
tion and in the performance of my duties in this Assembly to have always in 
view the welfare of the nation and of the King according to the dictates of my 
reason and my conscience. So help me God ! Amen ! 

Art. 132. Members of the clergy do not take this oath, but sol- 
emnly promise to act always according to the dictates of their con- 



1 As amended 15/27 May 1893. -As amended 11/24 July 1911. 



BULGARIA. 101 

science Avith a view to the common good of the country and of the 
King. 

Akt, 133. xVt the opening of the Assembly the King's speech sets 
forth the condition of the country and indicates the bills and pro- 
posals which are to be submitted to the consideration of the Assembly. 

Art. 134:. In reply to the royal speech, the Assembly presents an 
address to the King. 

Art. 135. After convening the Assembly, the King may prorogue 
the session for two months at most. A further prorogation in the 
course of the same session ma}^ not take place except with the consent 
of the Assembly itself. 

Art. 13G. The King may dissolve the Assembly and order new 
elections. 

Art. 137. The new elections must take place within two months 
at most and the new Assembly must be opened within not more than 
four months from the date of the dissolution of the preceding Na- 
tional Assembly. 

Art. 138. The members of the National Assembly may not meet 
in session unless they are convened by the King; neither may they 
meet after the adjournment, closure, or dissolution of the Assembly. 

Art. 139.^ All representatives receive per diem compensation. 
Traveling expenses, however, are not allowed except to those who do 
not reside in the locality where the National Assembly meets. 

Chapter XX — The Grand National Assembly. 

section 1. ATTRIBUTIONS OK THE GRAND NATIONAL ASSEMBLY. 

Art. 140. The Grand National Assembly is convened by the King, 
by the Regency, or by the Council of Ministers. 

Art. 141.^ The King convenes the Grand National Assembly : 

1. To discuss questions of the session or exchange of some part 
of the territory of the Kingdom. 

2. To pass upon the case provided for by Article 7 of the Con- 
stitution. 

3. To modify or revise the Constitution. 

There must be a vote of two thirds of all the members of the As- 
sembly. 

Art. 142. The Grand National Assembly may not be convened by 
the Regency except for the' purpose of considering questions of the 
alienation or exchange of some part of the Kingdom. 

These questions are decided by a majority of the members of the 
Assembly present. 

lAs amended lo/27 May 1893. 



102 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 143. The Council of Ministers convenes the Grand National 
Assembly : 

1. To elect a new King in case the reigning King dies without 
leaving an heir. The election is decided by a majority of two thirds 
of the members of the Assembly present. 

2, To elect regents during the minority of the King. The elec- 
tion is decided by a majority of the Assembly present. 

Art. 144.^ The Grand National Assembly is composed of repre- 
sentatives elected directly by the people. The number of these 
deputies must be double that of the members of the Ordinary 
National Assembly, in the ratio of two representatives to every 
twenty thousand inhabitants of both sexes. The elections shall take 
place in accordance with a special electoral law. 

SECTION 2. COMPOSITION OF THE GRAND NATIONAL ASSEMBLY. 

Art. 145. The president, the vice-presidents and the required num- 
ber of secretaries are elected by the Assembly from among its mem- 
bers. Until these elections have taken place the senior member 
occupies the presidential chair. 

Art. 146. The Grand National Assembly may take up onW the 
questions enumerated in Articles 141-143, for which it has been 
convened according to the Constitution, and it is dissolved immedi- 
ately after it has decided them. 

Art. 147. Articles 87, 90, 93, 104, 114, 115, 131 and 132 of the 
present Constitution are applicable also to the Grand National 
Assembly. 

Chapter XXI. — The Grand Bodies of the State : The Council of 
Ministers, the Ministries. 

Art. 148. The grand bodies of the State are : 

1. The Council of Ministers. 

2. The Ministries. 

Art. 149. The executive power, under the high supervision and 
direction of the King (Article 12), belongs to the ministers and their 
Council. 

Art. 150. The Council of Ministers is composed of all the minis- 
ters ; one of them is appointed President of the Council by the King. 

Art. 151. Aside from their regular duties in ordinary times, the 
Council of Ministers in certain cases set forth below is vested with 
the following rights and duties : 

1. In case the King should die without issue, the Council of 
Ministers assumes the government of the Kingdom and convenes 

lAs amended 15/27 May 1893. 



BULGARIA. 103 

Avithin one month the Grand National Assembly to elect the new 
King. 

2. The Council of Ministers assumes the government also in case 
the King shonlcl not have appointed a Regency before his death. 
The Grand National Assembly must be convened within one mor.th 
for the election of regents (Paragraph 1). 

3. If the Queen widoAv is pregnant at the death oi" the King, 
the Kingdom is governed by the Council of Ministers until the 
Queen's delivery. 

4. If one of the regents should die, the Council of Ministers con- 
venes the Grand National Assembly for the election of a successor 
to the deceased regent, in accordance with the provisions of Para 
graph 2. 

5. The Council of Ministers, on assuming the government of the 
country in the cases mentioned in the present article (Paragraphs 
1-4), makes this fact known to the nation by a proclamation. 

G. As long as the Council of Ministers is in charge of the gov- 
ernment of the Kingdom, there can be no change of ministers. 

7. The members of the Council of INIinisters, when they are pro- 
visionally in charge of the government of the country, receive only 
their salaries as ministers. 

Art. 1.52. ^Ministers are appointed and dismissed by the King. 

Art. 153. Ministers are jointly responsible to the King and the 
National Assembly for all measures taken in common, and each one 
is personally responsible for his acts within the limits of his at- 
tributions. 

Art. 154. Every official act signed by the King must be counter- 
signed, according to its character, either by all the ministers or by tlie 
minister concerned. 

Art. 155. Charges may be brought against ministers by the >^a- 
tional Assembly for treason against the country or the King, for 
violations of the Constitution, for corruption in office or injuries 
to the Kingdom in the furtherance of personal ends. 

Art. 156. Every accusation against a minister mnst be presented 
in writing, v>'ith an enumeration of all the charges, and must be 
signed by at least one fourth of the members of the National As- 
sembly. 

Art. 157. A majority of two thirds of the members of the As- 
sembly present is necessary in order to place a minister on trial. 

Art. 158. Ministers are tried by a special court of the State, the 
composition of which shall be determined by a law. 

Art. 159. The King may not pardon a minister without the con- 
sent of the National Assembly. 

Art. 160. The execution of the laws is entrusted to the grand 
bodies of the State called the ministries. 



104 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 161.^ The ministries are ten in number: 

1. The Ministr}^ of Foreign AtTairs and Worship. 

2. The Ministr}^ of the Interior and Public Health. 

3. The Ministry of Public Instruction. 

4. The Ministry of Finance. 

5. The Ministry of Justice. 

6. The Ministry of War. 

T. The Ministry of Commerce, Industry and Labor. 

8. The Ministry of Agriculture and Domains of the State. 

9. The Ministry of Public Works. 

10. The Ministry of Railways, Posts and Telegraphs. 

Art. 162. A minister is placed at the head of each ministry. 

Art. 163. The King has the right of appointment to all the offices 
of the State. 

Art. 164. Every official takes an oath of fidelity to the King and 
the Constitution. 

Art. 165. Every official is responsible for acts pertaining to his 
duties. 

Art. 166. All officials appointed by the government are entitled to 
a pension, the basis and amount of which shall be determined by a 
special law. 

Chapter XXII. — The Mode of Revision and Modification or 
THE Constitution. 

Art. 167. Proposals for the modification or revision of the Consti- 
tution are made in the manner prescribed for the making of laws 
(Articles 108 and 109). 

Art. 168. In order to be adopted, the proposals referred to in the 
preceding article must receive a majority of more than two thirds of 
all the members of the National Assembly present. 

Art. 169. The Grand National Assembly is convened to examine 
the proposals mentioned in Article 167 and decides, by a two-thirdj? 
majority of its members present, questions concerning the modifica- 
tion or revision of the Constitution. 

lAs amended 11/24 July 1911. 



CHINA. 

On 1'2 February 191:2, as the result of a revolution, the oldest of 
monarchies became a republic. The settlement at the close of the 
revolution, which united the northern and southern provinces into 
the Republic of China, included among its terms the permanent union 
of North and South China and the abdicatiion of the Emperor. ■ Dele- 
gates from seventeen provinces met in Nanking and drafted a Pro- 
visional Constitution, which was promulgated by the Provisional 
President, Dr. Sun Yat-sen, on 11 March 1912. This Provisional 
Constitution, consisting of 56 articles, made provision (Article 53) 
for a National Assembly, which first met on 8 April 1913 as a bi- 
cameral body and initiated the drafting of a permanent Constitution. 
Before the completion of the draft. Articles 56-62, respecting the 
election of a President and Vice President, were passed by the As- 
sembly and Yuan Shih-k'ai was elected President. The entire draft 
Constitution of 113 articles was completed and submitted on 3 No- 
vember 1913 to the two houses of the National Assembly, but. before 
it could be adopted, Yuan, because he suspected complicity in the 
rebellion along the Yangtse River, unseated the Kuo-ming-tang mem- 
bers or Democrats — a fact Avhich destroyed the quorum of both 
houses and in effect dissolved the National Assembl3^ Yuan there- 
upon appointed a Council of State (Ts'an Cheng Yuan), which in 
turn appointed a committee to draw up a new constitution. This is 
the Constitutional Compact of the Chung Hua Min Kuo of 68 articles, 
promulgated on 1 May 1914,^ by which Yuan became a virtual dic- 
tiitor. Attempts to revert to a monarchy were checked only by tiie 
death of Yuan on 6 June 1916. The Provisional Constitution of II 
March 1912 was then revived, and in September the National As- 
sembly was reconvened. The revision of the draft Constitution was 
immediately taken up and was nearly completed when the National 
Assembly was suddenly dissolved in June 1918,- 



i Cf. The China Year Book, 1916, pp. 437-443. 

' These introductory paragraphs are based upon Mix-ch'ien T. Z. Tyau, China's Xeio 
Constitution and International Problems (Shanghai, 1918), which gives a brief history 
of the constitutional development, an analysis of the permanent Constitution so nearly 
adopted in 1918 and an estimate of the latter in comparison with the Provisional Con- 
stitution and the constitutions of other countries. Cf. also The Statesman's Year Book 
(1917 and 1918) and The China Year Book (1916). 

105 

88381—19 8 



106 CONSTITUTIONS OF THE STATES AT WAR. 

PROVISIONAL CONSTITUTION OF 11 MARCH 1912.^ 
Chapter I. — General Provisions. 

Article 1. The Eepublic of China is composed of the Chinese 
people. 

Art. 2. The sovereignty of the Chinese Republic is vested in the 
people. 

Art. 3. The territory of the Chinese Republic consists of 22 prov- 
inces, Inner and Outer Mongolia, Tibet and Chinghai. 

Art. 4. The sovereignty of the Chinese Republic is exercised by 
the Advisor}^ Council, the Provisional President, the Cabinet and 
the Judiciary. 

Chapter II. — Citizens. 

Art. 5. Citizens of the Chinese Republic are all equal, and there 
shall be no racial, class or religious distinctions. 
Art. 6. Citizens shall enjoy the following rights : 

1. The person of the citizens shall not be arrested, imprisoned, 
tried or punished except in accordance with law. 

2. The habitations of citizens shall not be entered or searched 
except in accordance with law. 

3. Citizens shall enjoy the right of the security of their property 
and the freedom of trade. 

4. Citizens Shall have the freedom of speech, of composition, of 
publication, of assembly and of association. 

5. Citizens shall have the right of the secrecy of their letters. 

6. Citizens shall have the liberty of residence and removal. 

7. Citizens shall have the freedom of religion. 

Art. 8. Citizens shall have the right of petitioning the executive 
officials. 

Art. 9. Citizens shall have the right to institute proceedings be- 
fore the judiciary and to receive its trial and judgments. 

Art. 10. Citizens shall have the right of suing officials in the 
administrative courts for violation of law or gainst their rights. 

Art. 11. Citizens shall have the right of participating in civil 
examinations. 

Art. 12. Citizens shall have the right to vote and to be voted for. 

Art. 13. Citizens shall have the duty to pay taxes according to 
law\ 

Art. 14. Citizens shall have the duty to enlist as soldiers accord- 
ing to law. 

1 Translation from the Peking Daily News, verified by the Chinese Secretary of the 
American Legation, Pelcing, China, and published in Supplement to the American Journal 
of International Laiv, 6 (1912) : pp. 149-154. A French translation is in the Annuaire 
de legislation etrangere, 12 (1912), pp. 598-602. 



CHINA. 107 

Art. 15. The rights of citizens as provided in the present chap- 
ter shall be limited or modified by laws provided such limitation 
or modification shall be deemed necessary for the promotion of 
public welfare, for the maintenance of public order or on account 
of extraordinary exigency. 

Chapter HI. — The Advisory Council. 

Art. 16. The legislative power of the Chinese Republic is exer- 
€ised by the Advisory Council. 

Art 17. The Advisory Council shall be composed of members 
elected by the several districts as provided in Article 18. 

Art. 18. The Provinces, Inner and Outer Mongolia and Tibet 
shall each elect and depute five members to the Advisory Council 
iind Chinghai shall elect one member. 

Art. 18. The election districts and methods of elections shall be 
decided by the localities concerned. 

During the meeting of the Advisory Council each member shall 
have one vote. 

Art, 19. The Advisory Council shall have the following powers: 

1. To pass all law bills. 

2. To pass the budgets of the provisional government. 

3. To pass laws of taxation, of currency, and of weights and 
measures for the whole country, 

4. To pass measures for the calling of public loans and to con- 
clude contracts affecting the national treasury. 

5. To give consent to matters provided in Articles 34, 35 and 40, 

6. To reply to inquiries from the provisional government, 

7. To receive and consider petitions of citizens. 

8. To make suggestions to the government on legal or other 
matters. 

9. To introduce interpellations to members of the cabinet and 
to insist on their being present in the Council in making replies 
thereto. 

10. To insist on the government investigating into any alleged 
bribery and infringement of laws by officials. 

11. To impeach the Provisional President for high treason b}'^ 
a majority vote of three fourths of the quorum consisting of more 
than four fifths of the total number of the members. 

12. To impeach members of the cabinet for failure to perform 
their official duties or for violation of the law, by majority votes of 
two thirds of the quorum consisting of over three fourths of the total 
number of the members. 

Art. 20, The Advisory Council shall itself convoke, open and ad- 
journ its own meetings. 



108 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 21. The meetings of the Advisory Council shall be conducted 
publicly, but secret meetings may be held at the instigation of mem- 
bers of the cabinet or by the majority vote of its quorum. 

Art. 22. Matters passed by the Advisory Council shall be com- 
municated to the Provisional President for promulgation and exe- 
cution. 

Art. 23. If the Provisional President should veto matters passed 
by the Advisory Council, he shall, within ten days after he received 
such resolutions, return the same with stated reasons to the Council 
for reconsideration. If the same matter should again be passed by a 
two-thirds vote of the quorum of the Council, it shall be dealt with 
in accordance with Article 22. 

Art. 24. The President of the Advisory Council shall be elected by 
ballots signed by the voting members, and the one who receives more 
than one half of the total number of the votes cast shall be elected. 

Art. 25. Members of the Advisory Council shall not, outside the 
Council hall, be responsible for their opinions expressed and votes 
cast in the Council. 

Art. 26. Members of the Council shall not be arrested without 
the permission of the President of the Council, except for crimes 
committed at the time of arrest and for crimes pertaining to civil 
and international warfare. 

Art. 27. Procedures of the Advisory Council shall be decided by 
its own members. 

Art. 28, The Advisory Council shall be dissolved on the day of the 
convocation of the National Assembly and its powers shall be exer- 
cised by the latter. 

Chapter IV. — The Provisional President and Vice-President. 

Art. 29. The Provisional President and Vice-President shall be 
elected by the Advisory Council, and he who receives two thirds of 
the total amount of votes cast by a sitting of the Council consisting, 
of over three fourths of the total number of members shall be elected. 

Art. 30. The Provisional President represents the provisional gov- 
ernment as the fountain of all executive powers and for promulgat- 
ing all laws. 

Art. 31. The Provisional President may issue or cause to be issued 
orders for the execution of laws and of powers delegated to him by 
the laws. 

Art. 32. The Provisional President shall be the commander-in- 
chief of the army and navy of the whole of China. 

Art. 33. The Provisional President shall ordain and establish the 
administrative system and official regulations, but he must first sub- 
mit them to the Advisory Council for its approval. 



CHINA. 109 

Art. 34. The Provisional President shall appoint and remove civil 
and military officials, but in the appointment of members of the Cabi- 
net, ambassadors and ministers, he must have the concurrence of the 
Advisory Council. 

Art. 35. The Provisional President shall have power, with the 
concurrence of the Advisory Council, to declare war and conclude 
treaties. 

Art. 36. The Provisional President maj', in accordance with law, 
declare a state of siege. 

Art, 37. The Provisional President shall, representing the whole 
country, receive ambassadors and ministers of foreign countries. 

Art. 38. The Provisional President may introduce bills into the 
Advisory Council. 

Art. 39. The Provisional President may confer decorations and 
other insignia of honor. 

Art. 40. The Provisional President may declare general amnesty, 
grant special pardon, commute a punishment and restore rights, but, 
in the case of a general amnesty, he must have the concurrence of 
the Advisory Council. 

Art. 41. In case the Provisional President is impeached by the 
Advisory Council, he shall be tried by a special court consisting of 
nine judges elected among the justices of the Supreme Court of the 
reahn. 

Art. 42. In case the Provisional President vacates his office for 
A'arious reasons, or is unable to discharge the powers and duties of 
the said office, the Provisional Vice-President shall take his place. 

Chapter V. — Members or the Cabinet. 

Art. 43. The premier and the chiefs of the government depart- 
ments shall be called members of the Cabinet.^ 

Art. 44. Members of the Cabinet shall assist the Provisional Presi- 
dent in assuming responsibilities. 

Art. 45. Members of the Cabinet shall countersign all bills intro- 
duced by the Provisional President and all laws and orders issued 
by him. 

Art. 46. Members of the Cabinet and their deputies may be pres- 
ent and speak in the Advisory Council. 

Art. 47. After members of the Cabinet have been impeached by 
the Advisory Council, the Provisional President may remove them 
from office, but such removal shall be subject to the reconsideration 
of the Advisory Council. 

•■ Literally, secretaries of State affairs. 



110 CONSTITUTIONS OE THE STATES AT WAR. 

Chapter VI. — The Judiciary. 

Art. 48. The judiciary shall be composed of those judges ap- 
pointed by the Provisional President and the Chief of the Depart- 
ment of Justice. 

The organization of the courts and the qualification of judges shall 
be determined by law. 

A-RT. 49. The judiciary shall try civil and criminal cases, but cases 
involving administrative affairs or arising from other particular 
causes shall be dealt with according to special laws. 

Art. 50. The trial of cases in the law courts shall be conducted 
publicly, but those affecting public safety and order may be in 
camera. 

Art. 51. Judges shall be independent and shall not be subject to 
the interference of higher officials. 

Art. 52. Judges during their continuance in office shall not have 
their emoluments decreased and shall not be transferred to other 
offices, nor shall they be removed from office except when they are 
convicted of crimes, or of offences punishable according to law by 
removal from office. 

Regulations for the punishment of judges shall be determined by 
law. 

Chapter VII. — Supplementary Articles. 

Art. 53. Within ten months after the promulgation of this Pro- 
visional Constitution, the Provisional President shall convene a 
national assembly, the organization of which and the laws for the 
election of whose members shall be decided by the Advisory Council. 

Art. 54. The Constitution of the Eepublic of China shall be 
adopted by the National Assembly, but before the promulgation ot 
the Constitution, the Provisional Constitution shall be as effective as 
the Constitution itself. 

Art. 55. The Provisional Constitution may be amended by the 
assent of two thirds of the members of the Advisory Council or upoTi 
the application of the Provisional President, and being passed by 
over three fourths of the quorum of the Council consisting of over 
four fifths of the total number of its members. 

Art. 56. The present Provisional Constitution shall take effect on 
the date of its promulgation and the fundamental articles for the 
organization of the provisional government shall cease to be effec- 
tive on the same date. 



Cz^ 



/S 



COSTA RICA. 



The State of Costa Rica was not established as an independent 
republic until 21 January 1847, nine years after the dissolution of 
the Central American Confederation. Its Constitution as a federal 
State, Avhich dated from 2 Januar}^ 1825, then gave way to a new 
Constitution,^ which underwent a reform on 22 November 1848.- 
From 1848 to 1859 Costa Rica attained to a remarkable degree of 
prosperity. New Constitutions were established 26 December 1859,^ 
18 February 1869* and 7 December 1871.'' the last of which was 
amended several times*' and was in force actually or nominall}^ until 
the Constitution of 8 June 1917 was promulgated.' 



CONSTITUTION OF 8 JUNE 191 7.« 

[Preamble.] 

We, the representatives of the people of Costa Rica, having legiti- 
mately assembled to revise the political Constitution and to proceed 
to the total reformation thereof, in order to secure upon solid bases 
the connnon welfare and the benefits of liberty, and of a government 
adapted to the general necessities and conveniences, decree and sanc- 
tion the following'^political Constitution. 

Chapter I. — The Republic and the Government in General. 

Article 1. Costa Rica is and shall remain a free and independent 
Republic. 

It may, however, form a single political unit with one, several, or 
all of the other Republics of Central America. 

' English translation in British and Foreign State Papers, 35 : pp. 44-73. 

2 English translation in British and Foreign State Papers, 37 : pp. 777-793. 

' English translation in British and Foreign State Papers, 50 : pp. 1092-1111. 

■• English translation in British and Foreign State Papers, 59 : pp. 216-235. 

•'•English translation of Constitution of 7 December 1871 in British and Foreign 
State Papers, G3 : pp. 294-313. Spanish text of Constitution of 1871 with amenclments 
to 1905 in P.\UL Po.sexer, Die Staatsrrrfassiingen des Erdballs (Charlottenburg, 1909). 
pp. 109(3-1 11 •"') : the same with English translation in parallel columns in .T. I. Rodriciez, 
American Constitutions, vol. i (Washington, 1906). pp. .S26-357. 

« English translations of the amendments of 26 April 1882 and 12 May 1897 are 
in British and Foreign State Papers, 73 : pp. 608-609, and 89 : p. 1129, respectively. 

' This introductory paragraph is based upon F. R. Dare.ste et P. D.vre.ste, Les Con- 
stitutions modernes (3d edition, Paris, 1910), vol. ii^ pp. 566-567. 

* Translated by Antonio M. Opis.so from the official Spanish text as printed in La 
Gaccta of 13 June 1917. 

Ill 



112 COISrSTITUTIONS OF THE STATES AT WAR. 

The treaties of union which may be concluded for this purpose 
shall be submitted to Congress at the next ordinary session; should 
Congress approve said treaties by a vote of two thirds of the members 
present, it shall issue a call to the towns of the Republic to elect a 
Constituent Assembly for the sole purpose of ratifying or rejecting 
them. 

Should the Assemblj'^ ratify said treaties by a vote of three fourths 
of the total number of its members, they shall become final and bind- 
ing on the Republic. In this event it belongs to the Assembly to dic- 
tate the necessary laws for executing and carrying out said treaties. 

Art. 2. The sovereignty resides essentially and exclusively in the 
nation, from whom public powers emanate, which powers are limited 
and must be exercised in accordance with the provisions of this Con- 
stitution. 

Art. 3. No public authority shall validly enter into compacts, 
agreements, or treaties which may jeopardize the sovereignty and in- 
dependence of the Republic. Whoever is guilty of this attempt shall 
be held as a traitor. 

'^ The foregoing provision shall not prevent public treaties from being 
concluded and approved for a political union as provided for in Ar- 
ticle 1 ; nor treaties to modify the boundaries of the national territory ; 
nor those providing for the construction of any inter-oceanic canal 
which may affect the sovereigntj^ over a part of the territory; nor 
treaties for the alienation of any island belonging to the State, situ- 
ated at a distance of over one hundred miles from the coast. 

In order that the treaties which may be concluded for any of the 
last three mentioned purposes may become valid, they shall be sub- 
mitted to Congress at two different terms of session, whether ordi- 
nary or extraordinary, with an interval of two months at least be- 
tween each term, and must be approved by a vote of three fourths of 
the total number of its members. 

Railways and tramways belonging to the State and devoted to the 
public service can not be alienated. Neither can they be leased out 
unless a law should provide so in each case by a vote of two thirds of 
the respective chamber. 

Art. 4. The government of the Republic is popular, representative, 
alternative and responsible. 

It shall be vested in three different powers independent of each 
other, to be known as the legislative, the executive and the judicial 
powers. 

The legislative power shall never grant omnimodous powers to the 
executive, or delegate to it the power to legislate ; nor shall the legis- 
lative or the executive power in any case exercise judicial functions 
(except as provided for in the case of the Senate sitting as a court for 
political trials), nor take jurisdiction on pending cases or ask for 



COSTA RICA. 113 

these to be l)i-()nght before them ad efectum videndi, nor cause the 
reopening of finished cases. 

Art. o. The territory of the Republic, which is situated between the 
Atlantic and Pacific Oceans, is bounded on the northwest by the Re- 
public of Nicaragua, from which it is separated by the line estab- 
lished in the Treaty of Cailas-Jerez of 15 April 1858, and by Cleve- 
land's AAvard of 22 March 1888. It is bounded on the southeast by 
the Republic of Panama, from which it is separated by the line estab- 
.lished by Loubet's Award of 11 September 1900, the Anderson-Porras 
Treaty of 17 March 1910 and by White's Award of 12 September 1914. 

Art. 6. No one shall assume the title of sovereign, and whoever 
should do so shall be prosecuted in accordance with the Penal Code. 

No authority shall assume powers not granted to it by law. 

Public officials are not owners, but mere depositories of authority. 
They are subject to the laws; they shall never be considered or held 
as superior to them, and they are directly and immediately responsible 
for the acts the}^ may execute in the exercise of their functions. The 
action to accuse them shall be popular. 

No venal employments are recognized. 

Art. 7. All orders emanating from the legislative or executive 
powers which are contrary to the Constitution shall be null and void 
and without effect, whatever be the form in which they may Ije issued. 
Courts of justice shall not obey or apply them in any case. 

All acts of those usurping public powers, and all employments given 
without the reciuirements demanded by the Constitution, or in default 
thereof. Avithout the requirements provided by law, shall also be null 
and void. 

Art. 8. The Roman Catholic Apostolic religion is the religion of the 
State. The State shall contribute to its support without thereb}^ pre- 
venting the free exercise of any other form of worship which does 
not oppose universal morals or good customs. 

The declaration referred to in this article does not affect existing 
legislation, nor hinder in any way the freedom of action of public 
powers in regard to any national interests. 

Art. 9. Primary education shall be obligatory and gratuitous. 

The State shall take charge of the public primary schools as well 
as of normal schools. 

Primary schools which are supported by private individuals shall 
be under the supervision of the government. 

The State shall maintain the institutions for secondary education 
now in existence, and has the power to create other centers of the 
same character and to contribute to their support and to that of pro- 
fessional schools which may be established either by public or private 
initiative. It has likewise the power to reestablish the University. 



114 CONSTITUTIONS OF THE STATES AT WAE. 

All Costa Ricans or foreigners are free to give or receive the 
instruction which they may deem convenient in those establishments 
which are not supported by public funds. 

Art. 10. It is the duty of the State to look after the welfare of the 
working classes, and for this purpose it shall enact all necessary 
laws; in default of social initiative it shall promote, and in all 
cases it shall support to the extent of its resources, such institutions 
as may have for their object to harmonize, on the basis of justice, the 
relations between patrons and workmen, and those which tend to 
meliorate the financial status of the latter and to assist them in case' 
of illness, old age or accident, cessation of work or other misfortunes 
independent of their will. 

Art. 11. Every public official shall take an oath in accordance with 
the following formula : 

Do you swear before God, and do you promise to your country to observe and 
defend the Constitution and tlae laws of tlie Republic, and to faithfully fulfill 
the duties of your office? 

I do. 

If you do so, may God help you ; if not, may He and the country demand it 
from you. 

Art. 12. The military force is subordinated to the civil power; it 
is essentially passive and must never deliberate. 

Chapter II. — Individual Guarantees. 

Art. 13. All men are equal before the law. 

The State does not grant nobility titles or hereditary prerogatives 
or honors, nor does it recognize those granted by another nation. 

It does not admit in any form the institution of slavery. The 
slave who arrives at Costa Eican territory shall, by that very fact,, 
be held and treated as a free man. 

Art. 14. No law shall be given retroactive effect to the prejudice 
of any person or of his vested rights. 

Art. 15. The right of property is inviolable, and no one shall be 
deprived of his property except by virtue of a judicial decree, and 
for reasons of public utility judicially declared, and after payment 
of the actual value of both the property and the resulting damages 
which may be proved, all as appraised by experts. 

In case of war or of internal disturbances, and only for the pur- 
pose of attending to the national defense or to the restoration of 
public order, the administrative authority shall declare the need of 
expropriation without previous indemnity. In this event real prop- 
erty shall be temporarily occupied only for military purposes or to 
devote the proceeds thereof to the needs of the army. The State is 
always liable for the expropriations, which the executive ma}^ make, 
either by himself or through his agents. 



COSTA RICA. 115 

No law shall provide that private property shall become the prop- 
erty of the State in case that the owner thereof should have given it 
an inexact value for the purpose of taxation, and that the State, 
either by itself or through a third party, may offer to take it for the 
appraised value and a premium. 

Mines may be claimed even on private land, but they shall not be 
worked or adjudicated without previous payment to the owner of 
the surface for the value of the land to be occupied and the damages 
resulting therefrom, as the authorities may order and experts may 
appraise. 

Art. 16. No one shall be prevented from engaging in any profes- 
sion, industry, commerce or work he may desire, provided they are 
lawful. This right shall only be restricted by a judicial decree when- 
ever the rights of a third party are impaired or by an administrative 
order issued in accordance with the law, whenever the public security 
or health or the interests of the nation demand it. 

The law shall determine what professions require a degree and 
what conditions must be fulfilled in order to obtain said degree. 

Foreigners may engage in the liberal professions provided Costa 
Ricans enjoy the same rights in their respective countries. 

Art. it. No» person shall be imprisoned for debts of purely civil 
character. 

Art. 18. Private actions which do not affect public order or morals 
or Avhich do not result to the injury of a third party are beyond the 
pale of law\ 

Art. 19. No one shall be molested or prosecuted for any act which 
does not violate the law, nor for any written or spoken statement 
of his political opinions. Nevertheless, neither clergymen nor lay- 
men shall in any manner make political propaganda invoking motives 
of religion or making use, as a means for such propaganda, of the 
religious beliefs of the people. 

Art. 20. No one shall do justice by himself, or execute any acts 
of violence to enforce his rights. The power to judge civil and 
criminal cases belongs exclusively to the tribunals of justice. 

Art. 21. All Costa Ricans or foreigners must apply to law to seek 
redress for the injuries or damages which they may have suffered in 
their person, property, or honor. Prompt and full justice must be 
dealt in strict conformity with the laws. 

Courts of justice shall not be excused from exercising their author- 
ity on the ground of lack of legal provision, which may settle the 
litigation or conclude the case submitted to their decision. If there 
is no law applicable, they shall apply the general principles of law 
and of eternal justice. 



116 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 22. All Costa Eicans or foreigners have the right to terminate 
their civil suits by means of arbiters before or after having started 
legal proceedings. 

Art. 23. The same judge shall not sit in different stages {instan- 
cias) in the same case. 

Art. 24. No penalty shall be imposed which has not been provided 
previously for the crime or misdemeanor of which one may be guilty. 

All penalties are personal. No torture, infamous penalties or con- 
fiscation of property shall be imposed. The latter provision does not 
prevent confiscation of the instruments or objects used in the com- 
mission of the crime. 

^°^Art. 25. No one shall be tried by a specially appointed commission, 
court or judge, except by the court designated and previously estab- 
lished by law. 

Only those who are guilty of the crime of sedition and rebellion 
and the members of the army who are in active service shall be sub- 
ject to military jurisdiction for crimes of any kind which they may 
commit. Those armed bodies, which, according to the law, are mili- 
tarily regulated are to be considered as military bodies. 

Ordinary courts shall take cognizance of appeals and writs of error 
which may be taken or brought in military cases. Apy judgment or 
order dismissing a case can always be taken up in consultation. 

Art. 26. No one shall be compelled to testify against himself in a 
criminal case brought against him. Nor shall his spouse, descend- 
ants, ascendants, brothers by blood or affinity be compelled to testify 
against the accused. 

Art. 27. No penalty shall be imposed without the accused having 
been heard and convicted by a court, and until the judgment ren- 
dered by a competent judge or authority imposing such penalty has 
become final. 

Physical constraint in civil matters is excepted. 

Art. 28. Criminal procedure laws must secure in an efficient manner 
the right of defense of the accused, and consequently, the right to 
have his plea heard, to have his proofs admitted and to be defended 
by the person he may choose, and in default thereof, by a person ap- 
pointed by the court. 

Art. 29. Human life is inviolable. 

Art. 30. No one shall be arrested without information that he has 
committed an offense and without written order from a judge or 
authority entrusted with the preservation of public order, except 
when the accused has been declared a fugitive from justice. 

A person caught in the act may be arrested without previous order 
by any person for the sole purpose of bringing him before the compe- 
tent authoritv. 



COSTA EICA. 117 

No person shall be kept under arrest for more than three days 
Avithoiit a formal warrant of arrest stating the crime which is im- 
puted to the person arrested and the place, time and circumstances 
thereof, and all the facts brought out by the summary investigation. 

Wardens of prisons shall not receive any one as a prisoner without 
noting down in the register book the warrant of arrest emanating 
from the official who has the power to issue it. They may, however, 
receive as detention prisoners, those who are brought in to be pre- 
sented to the judge or competent authority, but they are obliged to 
report to the latter within twenty-four hours. 

/'Art. 31. Every inhabitant of the Republic is entitled to the writ 
of habeas corpus. 

Art. 32. All persons may. in times of peace, enter or leave the Re- 
jDublic, travel through its territory and change their residence. 

The exercise of this right of free locomotion is subject to the 
powers of the authority in cases of criminal, civil or police liability, 
and to the provisions of the law, in so far as it relates to emigration, 
immigration and general health or the administrative expulsion of 
non-desirable foreigners. 

Art. 33. The dwelling of the inhabitants of the Republic is an in- 
violable asylum which shall only be entered in the special cases des- 
ignated by law^, and by virtue of an order emanating from the proper 
authority. 

Art. 34. Postal and telegraphic correspondence is inviolable. 

Private letters and papers shall only be intercepted, taken or reg- 
istered by public officials through an order emanating from the 
proper authority in such cases and under such formalities as are es- 
tablished by law, and for the sole purpose of procuring legal evidence 
to be presented iii criminal cases which are not of a political nature. 
Papers or private letters which are procured b}- any other means 
shall not constitute valid proof. 

Art. 35. Any one may communicate his thoughts by spoken or writ- 
ten words or through the agency of the press without previous cen- 
soring, but shall be liable for any offense committed in the exercise 
of this right in such cases and manner as the law may provide. 

Art. 36. All the inhabitants of the Republic have the right to as- 
semble peacefully and without arms, for the purpose of engaging in 
private business or to discuss political matters, and examine the pub- 
lic conduct of government officials. In order to assemble in the 
streets, squares, and other public places, it shall be necessary to give 
notice to the political authorities of the place, for the puropse of pre- 
serving order. 

Art. 37. The right of petition may be exercised individually or 
collectively. But no person or number of persons may take up the 



118 COIsrSTITUTIONS OF THE STATES AT WAR. 

representation of the people, assume its rights, or make petitions on 
its behalf. Any one doing so shall be guilty of sedition. 

Art. 38. The individual guarantees set forth in the six foregoing 
articles shall be suspended when the Republic is in imminent peril, 
either by foreign aggression or by internal upheaval. The suspension 
shall extend to all these guarantees or to one or more of them, either 
throughout the whole territory of the Republic or only in a part 
thereof, and shall last not more than thirty days. 

The suspension shall be decreed by Congress at the request of the 
executive, by two thirds of the votes of the members present. 

The executive shall, in regard to persons, only order their detention, 
in a place not set apart for common culprits, or decree their confine- 
ment in inhabited and healthy places. In no case shall the executive 
torment or vex them. He shall report to Congress at its next session 
all measures taken to preserve public order or maintain the security 
of the State. These measures shall cease immediately after the guar- 
antees are restored. 

During the recess of Conerress, the executive shall, in the Council 
of Ministers, decree this suspension under the terms and with the 
limitations aforesaid, and shall immediately report to the legislative 
power. The decree of suspension in the latter case shall amount to a 
call to Congress to convene at twelve o'clock on the day following 
that in which the order has been published. Should Congress not 
confirm this measure by a vote of two thirds of the members present, 
the guarantees shall be considered reestablished. 

Chapter III. — Nationality and Citizenship. 

Art. 39. The following are Costa Ricans, by birth or origin : 

1. The legitimate children of a Costa Rican father, and the ille- 
gitimate children of a Costa Rican mother, wherever they may be 
born. 

2. The illegitimate children of a foreign mother, born in Costa 
Rica, and under 21 years of age, acknowledged by a Costa Rican 
father with the consent of the mother. 

3. A child born or found in Costa Rican territory whose parents 
or nationality are unknown. 

4. The legitimate children of a foreign father and the illegiti- 
mate children of a foreign mother born in Costa Rica, who, by their 
own will, register in the civil registry after reaching the age of 21 
years, or before reaching this age, with the consent of their father 
or mother. 

5. The inhabitants of the Republic who have acquired the 
Costa Rican nationality of origin in accordance with former laws, 
and who have not lost this nationality afterwards in accordance with 
the law. 



COSTA RICA. 119 

Art. 40. The following are naturalized Costa Ricans : 

1. Costa Ricans who, after having lost their nationality, recover 
it in accordance with the law, 

'2. Foreigners who heretofore should have acquired the status of 
naturalized Costa Ricans in accordance with the law, and have not 
lost it. 

8. A foreign woman who marries a Costa Rican. She shall retain 
her status even if she becomes a widow. 

' ^4. Foreigners of good conduct and with known business and 
means of living, who after having resided five years in the country 
should obtain naturalization papers in accordance with the law. The 
period of residence shall be reduced to one year for natives of any of 
the Republics of Central America. 

5. Foreigners who render or have rendered important services 
to the State, or who are people of great ability or of great scientific 
or artistic culture, or who bring with themselves interesting inven- 
tions or open great establishments of positive benefit to the country' 
shall obtain from the executive power the Costa Rican nationality, 
after having resided one yeiw in Costa Rica. 

Naturalization of a foreigner carries with it that of his wife and 
minor children under 21 years. The latter may, however, on reach- 
ing their twenty-first year, choose the nationality of origin. 
Art. 11. The following lose their Costa Rican nationality : 

1. Costa Ricans who become naturalized in a foreign country. 

2. Those who, without the consent of the government, accept 
titles or decorations conferred by a foreign government, unless said 
titles are literary or scientific, in which case they may be freely ac- 
cepted. 

3. Those who, without special permission from the government, 
enter the military service of a foreign nation or enlist in a foreign 
military body. 

4. The illegitimate child of a Costa Rican mother, on being ac- 
knowledged, with her consent, by his foreign father, provided that 
by the law of the respective country said child acquires that na- 
tionality. 

5. Any Costa Rican woman who marries a foreigner. She shall 
preserve her foreign nationality unless, according to the law of her 
husband's country she does not acquire the latter's nationality, since 
in such case she shall continue to be a Costa Rican. 

6. He who in any manner and for any reason asks for or pro- 
vokes the intervention of any foreign Power against the Republic, 
or takes refuge in a legation or in a warship of a foreign nation or 
in any other place protected by the privilege of extraterritoriality, 
in order to elude the national laws or authorities. Costa Ricans who 



120 CONSTITUTION'S OF THE STATES AT WAR. 

lose their nationality by the first of the causes enumerated in this 
paragraph can never recover it. 

Art. 42. No citizen or subject of a nation with which Costa Rica 
may be at war, nor those who have been declared in other countries 
to be pirates, slave traders, guilty of incendiarism, counterfeiters of 
coin, of bank notes, of Treasury notes or of other documents of ]3ub- 
lic credit, murderers, plagiarists or robbers, shall be granted Costa 
Eican nationality. 

--Art. 43. The naturalization of a foreigner shall become void by 
residence in his country of origin for two consecutive years, unless he 
resides therein in the discharge of an official commission of the Costa 
Rican government or with the permission of the latter. 

Art. 44. The law shall determine the means and the manner by 
which Costa Rican nationality may be recovered. 

Art. 45. The following are the duties of Costa Ricans : to obey the 
Constitution and the la^vs, to serve and defend the country and to 
contribute to the public expenses. They are furthermore obliged to 
cause their children or wards to attend public or private schools in 
order to obtain primary elementary education, during the time which 
the law may designate. 

Art. 46. Costa Rican citizens are all male persons who, besides 
having the status of Costa Ricans have the following requisites: 

1. To have reached the age of 21 years, or of 20 years if they 
have a professional title recognized by the State'. 

2. To own some propert}^ or to have some honest trade, the pro- 
ceeds or profits of which mRj be sufficient to support them in relation 
to their social standing. 

3. To be registered in the civil registry of the district where they 
are domiciled. 

4. Beginning from 1 January 1927, in order to be a Costa Rican 
citizen, it shall be required furthermore to know how to read and 
write, or to have registered property to the value, at least, of 500 
colons, or to be over 50 years of age. 

Art. 47. Citizenship is lost together with Costa Rican nationality. 
The exercise of citizens rights may be suspended, lost and recovered 
for the causes designated by law. 

Art. 48. Those who have lost their citizenship, except in case of 
treason to the country, may have their rights restored by the execu- 
tive, w^hen a petition for this grace is legally founded. 

Art. 49. Foreigners enjoy in the territory of the nation the same 
civil rights as the citizens, and they may exercise them as the na- 
tionals. 

They are under obligation to contribute to the public expenses in 
the manner provided by law, but not to pay extraordinary obligatory 
taxes. 



COSTA KICA. 121 

They are exempt from military duty. Those who are domiciled in 
the coimtry are obliged, however, to do police duty in abnormal cases, 
when the security of the property or the preservation of order in the 
same town where they live so,' demand it, subject to the exceptions in 
regard to this provision stipidated in the treaties which Costa Rica 
may have concluded with the respective countries. 

Foreigners must obey and respect the institutions, laws and au- 
thorities of the country, and submit themselves to the findings and 
judgments of the courts, without making use of any other recourses 
than those granted to citizens by the laws. 

They do not enjoy political rights and must, on the contrary, 
refrain from participating in any manner in the political matters 
of the country. 

Notwithstanding the aforesaid provisions, the government iiiay 
expel, in accordance with the laAV, any foreigner whose permanent 
residence in the country may be deemed inadvisable. 

Chapter IV. — Suffrage. 

Art. 50. Suffrage is an essentially political function and belongs 
exclusively to the citizens in the exercise of their rights; the act of 
Aoting, being personal, may only be executed by a citizen who has 
himself the right to do so. 

Art. 51. Direct suffrage shall be exercised : 

1. By citizens domiciled in each district, to elect a municipal 
syndic and substitute. 

2. By citizens domiciled in each district, to elect an intendant 
and municipal alderman as well as their respective substitutes. 

8. By citizens domiciled in each province, to elect deputies and 
senators and their substitutes. 

The election which embraces three or more functionaries of the 
same kind shall be made by the system of proportional representa- 
tion. 

Art. 52. Popular elections shall be held on the first Sunday in 
March, every three years, beginning from 1922 inclusive. At these 
elections one half of the senators, one half of the deputies and 
one half of the aldermen, as Avell as the municipal syndics and in- 
tendants, shall be elected. 

Art. 53. To exercise the right to vote it is required that the citizen 
be provided with a personal certificate which shall be given to 
him free of cost. On casting his vote it must be noted in this cer- 
tificate that the citizen to whom it belongs has already voted in the 
corresponding election. 

Art, 54. No authority shall arrest any citizen or elector during the 
hours of voting, except in case of flagrante delicto. Nor shall he be 
required to render military service. 
88381—19 9 



122 CONSTITUTIONS OF THE STATES AT WAE. 

The public official, who shall dictate or attempt to dictate to his 
-subordinates or to any voter the manner in which he is to vote, shall 
lose his position and his rights as citizen and shall be punished 
according to law. 

"^ No military forces shall be located at the polls or near them. 
Only the president of the board shall have the right to arrange for 
the police service in the voting precinct and its immediate surround- 
ings, for the maintenance of order. 

Art. 55. The election of deputies, senators, municipal officers, 
intendants, vice-intendants and syndics shall be made by direct 
vote in accordance with the system in force. The election of Presi- 
dent and Vice-President of the Republic shall be made by a secret 
ballot by an electoral college composed of the deputies and sena- 
tors both sitting and substitutes, of the sitting aldermen of all the 
municipalities of the Republic and of all those persons who have 
occupied for a period not less than six months, the office of President 
of the Republic, Secretary or Under-Secretary of State, deputy, sen- 
ator, or justice. 

The election of justices of the Supreme Court of Justice shall be 
made by the Senate, choosing from among the lists of three candi- 
dates which the Chamber of Deputies and the executive power shall 
each present. 

There shall be a quorum for election if three fourths of the 
members of the college meet; and the person receiving the absolute 
majority of the votes present shall be considered elected. 

The president of the Senate shall preside over these electoral acts; 
in his absence, the president of the Chamber of Deputies, and in the 
absence of both, the senior senator present. 

If, after two ballots, no one should be elected and more than three 
candidates should have been voted for, the president shall order a new 
balloting with the understanding that, if on this third ballot an abso- 
lute majority in favor of a candidate is not obtained, the balloting 
shall be continued, limited only to the three candidates who have 
obtained the greatest number of votes, and thus the election shall 
proceed for two consecutive 'times. For this purpose, and if by rea- 
son of a tie, it should be impossible to determine who are the three 
candidates with the highest number of votes, the necessary name or 
names shall be eliminated by lot in order to leave only three candi- 
dates on whom the election shall proceed. 

If after two ballots limited to three specified names no election 
should have been made, the president shall order a new voting turn 
with the understanding that if an absolute majority does not result 
in favor of one of the candidates, the voting shall continue only as to 
the tAvo highest candidates. Should it be impossible to determine 



COSTA BIG A. 123 

who are the two candidates obtaining the greatest number of votes, 
either for the reason that all three of them are tied, or because two of 
them have the same number of votes, one of the names of the three 
candidates in the first case, and of the two candidates tied in the 
second case, shall be eliminated by lot. 

In the event that the voting being proceeded with only on specified 
candidates as provided for in the foregoing paragraphs, there should 
appear on a ballot an absolute majority in favor of a different candi- 
date, the college shall declare elected the one who under such condi- 
tions obtained said majority. But if such majority should not appear, 
the president shall require the voters to proceed to vote exclusively 
betAveen the two or three names which are being discussed, and shall 
apply to the candidate obtaining the greater number of votes those 
votes given to candidates not authorized, as well as blank ballots. 

After the balloting has been limited to two names, the college shall 
continue in permanent session until one of them is elected. 

After the election of the President has been completed, the election 
of the Vice-President shall be proceeded with without delay in accord- 
ance with the same principles heretofore explained. 

Art. 56. The election of the President and of the Vice-President 
shall take place on the first Sunday in April of the year in which the 
presidential term expires. The college shall convene for that pur- 
230se at the capital of the Republic, even without previous convoca- 
tion. Should there be no quorum on that day, the election shall be 
postponed to the following day. At this second meeting one half 
of the members of the college shall be sufficient to constitute a quorum. 
Should no quorum be present at that second meeting, the president 
shall order that the election be proceeded with on the following day 
with any number of persons present. 

Art. 57. The members of the electoral college shall enjoy im- 
munity from fifteen days before that on which the election of the 
President is to take place, and while said election has not been ter- 
minated, except in cases of fagranfe delicto. 

i^RT. 58. A special law shall regulate the elections upon the bases 
hereinbefore outlined so as to secure liberty and the order in the 
voting. 

Chapter V. — The Legislative Power. 

Art. 59. The legislative power shall be vested in a Congress com- 
posed of two chambers, one of senators, and the other of deputies, 
Avhose members, in both, are elected directly by the citizens, and may 
be reelected indefinitely. 

Each province shall be considered for this purpose as an electoral 
district, and shall elect a sitting deputy for every 15,000 inhabitants 



124 .CONSTITUTIONS OF THE STATES AT WAK. 

or fraction thereof over 7,500; one substitute deputy for every three 
and fraction of three sitting deputies, and a substitute senator for 
every three or remainder of three sitting senators corresponding to it. 
Even if the number of deputies and senators of a province does not 
reach the number of three, a substitute shall always be elected. 

In order to determine the number of sitting deputies, attention 
shall be paid to the result of the last oflficial census, and the most 
recent figures given out by the Department of National Statistics, 
correcting or enlarging the census. 

There shall be no elections by reason of the increase in population 
except every ten years. 

Senators and deputies, although elected by provinces, represent 
the whole nation, and they must consult only justice and the common 
welfare. They can not compromise their votes prematurely. 

Deputies and senators shall, upon assuming office, take the consti- 
tutional oath. The President shall take his oath before the Chamber, 
and the deputies and senators before the president of the respec- 
tive chamber. 

Art. 60. To be a deputy or a senator the follo^ving requisities 
must be filled : 

1.* To be a citizen in the exercise of his rights. 

2. To be a native of the Republic, or naturalized therein, and 
have resided ten years after having obtained naturalization papers. 

3. To loiow how to read and write. 

4. To be the owner of property of a value of not less than 3,000 
colons, or to have a professional degree recognized by the State, or 
an annual income of 1,200 colons, at least. 

To be a deputy it shall be also necessar}^ to be over 25 years of age, 
and to be senator, over 40 years of age. 

Art. 61. The following may not be elected deputies or senators : 

1. The President of the Republic or any one who exercises the 
executive powder at the time of election. 

2. The ministers of State. 

3. The justices of the Supreme Court of Justice. 

4. Those who exercise jurisdiction or authority over the whole 
province making the election. 

No one can hold the office of deputy and senator at the same time. 
Should the same person be elected for both offices, the election for 
senator shall prevail. Should the same citizen be elected deputy or 
senator of two or more provinces, he shall represent the province 
which he may choose. A deputy may be elected senator, but a senator 
shall not be elected deputy. 

^-Art. 62. Deputies and senators shall hold office for a period of 
six years. 



COSTA RICA. 125 

The members of each one of the chambers shall be renewed by 
halves every three years. The first renewal shall be made by lot 
in 1922. 

Whenever the exact one half can not be renewed because the num- 
ber of sitting or substitute deputies or senators is odd, the half of 
the inferior even number shall first be renewed, and the renewal of 
the odd senator or deputy shall be left for the following term. • 

Art. 63. In order to fill up the temporary or absolute vacancy of a 
sitting deputy, the substitutes of the respective provinces shall be 
called in the order of their appointment, appearing in the act cor- 
responding to the election of the person whom they are to replace. 
Should there be no substitute at that time, those elected in the other 
three-year period shall be called in the same order. 

This principle shall also be observed when the vacancy of a senator 
is to be filled. In none of the foregoing cases shall the fact of calling 
a substitute to replace a sitting member imply that his term of office 
shall exceed the period of six years. 

Whenever the number of substitutes is exhausted, the respective 
chamber may order that new substitutes be elected at the next 
renewal election. 

Art. 64. The office of deputy or senator, either sitting or sub- 
stitute, is incompatible with that of alderman or municipal em- 
ployee, or with any other salaried public office, function or commission 
of the same character. As an exception, however, the office of 
professor in any school supported or subsidized by the State shall 
not be incompatible, if the appointment is made by the board of 
dire;^ctors of the school. No sitting deputy or senator or substitute 
who is discharging the duties of the sitting member, may, during 
ordinary or extraordinary sessions, accept from the executive any 
salaried commission or any employment dependent upon, or b}' 
appointment of the executive, except the office of minister of State, 
or chief of a diplomatic mission. 

Whenever the chambers are not in session the deputy or senator 
may accept employment by appointment of, or dependent upon the 
executive power. 

Both during sessions and in recess, a deputy or senator may freely 
accept judicial offices. 

But in any case in which he should accept employment or office 
from any other branch of the government in the foregoing terms, 
he shall lose his seat in the chamber, except when he is appointed 
head of a diplomatic mission. 

Art. 65. No deputy or senator, either sitting or substitute, shall 
enter, directly or -indirectly, into' any contract with the public ad- 
ministration by virtue of which he may enjoy some privilege or 



126 CONSTITUTION'S OF THE STATES AT WAR. 

concession. Nor shall it be lawful for him to receive any amount 
from the public Treasury, except that allotted to the office which 
he discharges, and in its proper case, the value of the contracts w^hich 
are published in the Diario Oflcial^ or of services, the payment of 
which is ordered in the same public manner. A deputy or senator 
violating this prohibition shall ipso facto lose his seat in the cham- 
ber, and must return the sums unlawfully received. 

Art. 66. Deputies and senators are immune for the opinions 
which they may express, or the votes they may give in the discharge 
of their duties. 

During the sessions their property shall not be attached to further 
legal civil proceedings except upon the deputy's or senator's own 
consent. 

They shall not be accused, prosecuted or arrested from the time 
they are declared elected either as sitting or as substitute members 
until the expiration of their legal term of office, except in cases of 
■flagrante delicto, and unless the Chamber of Deputies previously 
authorizes the accusation, and declares that there is cause for an 
action against them. 

A deputy or senator who is arrested in flagrante delicto shall be 
placed immediately at the disposal of the Chamber of Deputies, 
with a summary record of the case, so that he may be suspended 
from his legislative duties and be delivered to the proper judge or be 
set free, as the case may be. Should the chambers not be in session, 
the deputy or senator shall be set free, upon furnishing bond of 
from one to five thousand colons, according to the importance of 
the offense. . 

Art. 67. The legislative chambers shall meet every ^^ear on 1- May, 
without need of ]3revious convocation. 

The ordinary sessions shall last until 31 July inclusive. 

They shall convene in extraordinary session whenever, by reason 
of high national interests they are convoked by the executive power, 
and they must also convene in the case provided for in Article 38. 

If, on 1 Ma3^ Congress should be assembled in extraordinary 
session, the latter shall cease, and it shall continue to consider in 
ordinary session the business for which it should have been convoked. 

Art. 68. The Senate and the Chamber of Deputies shall open 
their ordinary and extraordinary sessions at the same time. 

The Senate, however, may meet without the presence of the Cham- 
ber of Deputies for the exercise of the powers given to it in the first 
paragraph of Article Y8./' 

If, after the expiration of the ordinary period, there should remain 
some accusations pending against the officials designated in Article 
77, the Chamber of Deputies shall continue its sessions without the 



COSTA RICA. 127 

presence of the Senate for the exclusive purpose of decUiring whether 
or not the charges shall be filed. 

Neither of the chambers, while working simultaneously, ghall, 
without the consent of the other, suspend its sessions for more than 
three da^s. 

Art. 69. The chambers shall not open their sessions nor exercise 
their legal functions without the concurrence of two thirds of their 
members. When, upon the arrival of the day appointed to open 
their sessions, they can not do so, or in case that, after the sessions 
have been opened, they can not continue on account of a lack of 
quorum, the members present, Avhatever be their number, shall exert 
pressure on the absent members in accordance with their respective 
regulations. 

The sessions of the chambers shall be public, except when for 
reasons of general convenience, it is agreed to consider some special 
matter in secret session. 

Art. 70. The seat of Congress shall be in the capital of the 
Republic. 

Notwithstanding, it may move to another place if so decided bj'^ 
two thirds of the votes. 

In case of disturbance of the public order, the chambers shall meet 
at the place designated by the president of the Senate. 

Any meeting of tlie members of Congress whicli takes place 
outside of the constitutional requirements, for the purpose of exercis- 
ing the legislative power, shall be illegal, and all acts executed in 
that manner shall be considered null and void. The persons who 
take part in those deliberations shall be punished according to law. 

Art. 71. Each chamber shall draw up its own convenient regula- 
tions for the order and direction of its work and for all matters 
pertaining to its internal policing. The regulations shall not contain 
any provision contrary to the Constitution; and once adopted they 
shall not be modified unless upon compliance with the procedure 
required for all laws, excepting the sanction of the executive. 

In accordance with its regulations, it may correct its members and 
impose on them correctional penalties including the forfeiture of 
their salary and suspension up to the period of eight days. 

Art. 72. Each chamber shall pass upon the credentials of its 
members, and shall accept the resignations which the latter may 
present, if the reasons given are just. 

It shall elect yearly its board of directors. The president must 
possess the qualifications required for the office of President of the 
Republic. In case of absolute vacancy of one of the members of the 
board of directors, the respective chamber shall designate a sub- 
stitute to fill liis place for tlie remainder of the 3^ear. 



128 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 73. The regulations of each chamber or of Congress in joint 
session, shall be passed by an absolute majority of the votes present, 
unless the Constitution requires a superior number. 

For the latter case, and for any other case wherein an absolute 
majorit}^ is required, this majority shall be constituted b}^ one half 
plus one, if the total number is even ; should this number be odd, a 
unit shall be added, and one half of the resulting number shall con- 
stitute the absolute majority. 

In order to fix, in the proper case, the two thirds or the threw 
fourths, the exact arithmetical calculation shall be made. Should the 
result be a whole number and a fraction, the majority shall be formed 
by adding a complete unit instead of a fraction to the whole number 
of the arithmetical result. 

The presidents of the chambers shall vote only in case of a tie. 

Art. 74. Each chamber, and Congress in the proper case, may 
call for the ministers of State to give the explanations and infor- 
mation which it may be convenient to demand from them. 

Art. 75. It is forbidden to Congress and to each one of its 
chambers : 

1. To address any exhortative communication to public officials. 

2. To interfere, either through resolutions or laws, in matters 
which are of the exclusive competence of the other powers. 

3. To pass resolutions lauding or disapproving official acts. 

4. To demand from the government information on the instruc- 
tions given to the diplomatic ministers, or a report on negotiations 
of a secret nature. 

5. To delegate in one or several of its members the powers con- 
ferred upon it by this Constitution. 

Art. 76. Congi-ess shall meet as a single bod}^ to exercise the fol- 
lowing powers, which are within its exclusive jurisdiction: 

1. To install the President and Vice-President of the Republic, 
and the justices of the Supreme Court, except in the case provided 
for in Article 96. 

2. To decide upon the resignations or the excuses which may be 
presented by said officials. 

3. To decide upon any doubts which may arise in regard to the 
incapacity of the President, according to Article 91. 

4. To approve or disapprove the treaties and public agreements 
which the executive power may conclude. 

5. To decide upon a declaration of war at the request of the 
executive power, or to demand from him in clue time the opening up 
of negotiations for peace. 

6. To decide whether or not the sessions are to be removed to an- 
other place, and to designate such place. 



COSTA RICA. 129 

7. To give or refuse its consent to the entry of foreign troops into 
r.iitional territory, or the stationing of fleets in its ports. 

S. To suspend the individual guarantees, and to take cognizance 
of the suspension decreed by the executive power in the case pro- 
vided for in Article .38. 

0. To deliberate upon the revision of the Constitution as ex- 
plained in Article 124. ■ 

10, To approve or disapprove the laws which may determine, de- 
clare or order direct or indirect taxes. 

In these cases, the president of the Senate and that of the Chamber 
of Deputies shall act as president and vice-president of Congress 
respectively. 

Akt. 77. The following are the attributions of the Chamber of 
Deputies : 

1. To enact, interpret, modify and repeal the laws which it may 
dictate. 

2. To authorize the municipalities, either l)y a general or a 
special hnv. to establish local taxes or imposts, fixing specifically in 
the law what property may be taxed, and the maximum to be 
reached in each case; to arrange for the manner in which the 
municipal budget is to be formed and liquidated, and to designate 
the powers of the municipalities, which may be more extensive for 
the senatorial districts of the provinces; and in general, to publish 
municipal ordinances in accordance with bases laid down in this 
Constitution. 

3. To fix in each legislative period the budget of expenditures of 
the public administration for the ensuing year, and Avherever neces- 
sary, the budget for extraordinary expenditures. In the budget law 
shall be stated the amount of the floating debt which may be created 
during the fiscal year: and the executive may within that limit 
carry out any credit transaction. He may also do so in order to 
cover the expenditures authorized, in case the revenues are not suf- 
ficient for that purpose. In other cases, a legislative authorization 
shall be necessary to pledge the national credit; this principle, how- 
ever, shall not impair the rights of third parties acting in good 
faith. 

4. To fix at each legislative period the maximum limit of the 
armed forces which may be placed on duty in times of peace, as well 
as the increase which the executive may decree in case of foreign war. 
or of armed insurrection. 

/ 5. To create new districts upon the fulfillment of the condition 
required in Article 116, and to point out their limits and the limits 
of the provinces. 



130 CONSTITUTIONS OF THE STATES AT WAR. 

6. To decree the alienation of the property of the nation, or the 
application thereof for public uses. 

T. To specially empower the executive to negotiate loans or to 
enter into other contracts upon mortgage security of the national 
revenue. 

The contracts which may be approved by the chambers without 
alteration shall not be vetoed by the executive, but they shall be so 
vetoed if they are amended. The amendments introduced by Con- 
gress shall be subject to acceptance by the interested party. 

8. To fix the alloAv, weight and standard and denomination of the 
coin, and to arrange for a system of weights and measures as well as 
to enact the laws which must regulate banking institutions of all 
kinds. 

9. To confer military degrees from colonel upwards. 

10. To grant personal and honorary prizes to those who have ren- 
dered great and important services to the Republic, and to decree 
memorial honors. 

11. To examine the annual reports of the ministers of State, and 
the general account of the expenses of the Treasury. The latter shall 
first be examined by a committee of two of its members selected one 
by each chamber ; said chamber may demand from the proper party 
all kinds of explanations and vouchers. 

12. To promote whatever may form the prosperity of the State^ 
to care especially for the health and hygiene of the towns, and to en- 
courage the study of science, arts and trades as well as immigration, 
agriculture, industry and commerce. 

13. To take jurisdiction on the accusations which may be brought 
against the President of the Republic or the person acting as such, 
against the deputies, senators, justices of the Supreme Court of 
Justice, or ministers of State, for common offenses committed by 
them; and to declare by a two-thirds vote whether or not there is 
ground to institute proceedings against them. In the affirmative case, 
it shall suspend the accused official and shall place him at the disposal 
of the Supreme Court of Justice for trial. 

14. To take cognizance of the accusations which may be filed 
against the aforesaid officials for offenses involving liability, com- 
mitted during the exercise of their duties, and likewise to declare 
whether or not there is ground to institute proceedings against them. 
In the affirmative case, to place the accused official at the disposal of 
the Senate for trial. 

15. To take cognizance of the accusations which may be filed 
within the legal term against the Ex-President of the "Republic or the 
person who has acted as such, or against the ministers of State, for 
offenses involving political or official liability, in accordance with 



COSTA RICA. 131 

Article 102, and likewise to declare whether or not there is ground 
to institute proceedings against them. In the affirmative case, it shall 
place the accused official at the disposal of the Senate for trial. 
16. All the other powers enumerated in this Constitution. 
Art. 78. The following are the attributions of the Senate: 

1. To judge the functionaries enumerated in the foregoing article 
whenever they are accused by the Chamber of Deputies of offenses 
involving political or official liability. Two thirds of the votes shall 
be necessary to declare the accused guilty. No penalty shall be im- 
posed by the Senate other than dismissal from office, temporary or 
absolute deprivation of political rights, or inability to hold public 
office. This provision shall not prevent ordinary courts of justice 
from enforcing against them any other civil or criminal liability 
which they might have incurred. 

2. To pass upon the nullity of the elections and the other irregu- 
larities of the popular suffrage and of the electoral college. 

3. To enact and order the publication of the codes lacking, and to 
decree the amendments of the existing codes. 

4. To approve or disapprove the loan contracts which may be 
entered outside of the country, after the contract has been approved 
by the Chamber of Deputies. 

5. To approve or disapprove the contracts which the government 
may enter into, when on account of the nature and importance of the 
subject matter the executive pov^^er or the Chamber of Deputies, at 
the request of one third of the votes of the members present, considers 
necessary the sanction of the Senate. 

6. To approve or disapprove any bill passed by the Chamber of 
Deputies, either in the event that the latter should consider it con- 
venient to refer the bill by the vote of one third of the members 
present, or that the executive, before sanctioning said bill, should 
refer it to the Senate for review. 

<. All the other powers enumerated in other places in this Con- 
stitution. 

Art. 79. During the ordinary sessions of Congress the bills shall 
originate in either of the chambers according to their respective attri- 
butions, at the proposal of the respective members, or in the executive 
power through the ministers of State. 

The Supreme Court of Justice, sitting in bench, shall by a majority 
of votes, also j^ropose the enactment, amendment, or abrogation of 
civil, penal, and procedure laws, and of the organic laws of the 
Courts of Justice; and for this purpose submit to the Senate the 
respective bill. 

The bills submitted to the chambers may not be signed by more 
than two of their members. 



132 CONSTITUTIONS OF THE STATES AT WAR. 

Only the executive power, through the ministers, shall submit bills 
during the extraordinary sessions provided they refer to matters 
which are included in the decree of convocation, or in the decree of 
extension. 

Art, 80. No bill shall become a law^ unless the following requisites 
have been fulfilled : 

1, To have undergone in the Chamber, or in the latter and in the 
Senate as the case may be, three different debates on three different 
days, 

2, To have been approved in the Chamber, or in the latter and 
the Senate, or in Congress, as the case may be, 

3, To have obtained the sanction of the executive power, or be 
within one of the cases in which, according to this Constitution, said 
sanction may be taken f.or granted, or is not necessary. 

Art. 81, After the bill has been approved by the Chamber, follow- 
ing three debates, without any amendment, it shall be sent to the 
Senate for review in the proper case, or to the executive power for 
sanction. Should the bill be disapproved in whole in the Chamber, 
it shall not be presented again until the following legislative period. 

The chambers have the reciprocal right to propose the amend- 
ments and alterations which they may deem convenient to the bills 
under consideration, until they come to a final agreement as to the 
terms in which said bills are to be drafted when submitted to the 
approval of the executive. Should both chambers consider it proper, 
they may meet in joint session, to discuss the points of disagreement; 
but the voting on the bill shall be made by each chamber separately. 

Art. 82. Should the executive power also approve the bill passed 
by one or both chambers, as the case may be, he shall affix thereto 
the formula, " Let it be executed," and shall cause the same to be pub- 
lished as a law of the Republic. 

In the contrary case, and if he does not consider proper that the 
Senate should revise it, he shall return the bill to the respective 
chamber. The order of return shall be written at the foot of the bill 
and signed by the President of the Republic, and by the correspond- 
ing minister of State, who shall furthermore send a detached state- 
ment of the reasons on which the executive bases his disapproval, or 
the changes, suppressions or additions which he desires to be made. 

In order that a bill be considered objected to by the executive power, 
it is indispensable that it be returned in the manner specified within 
the precise term of ten days (exclusive of Sundays and holidays), 
beginning from that in which the bill has been received by the respec- 
tive ministry. Should it not be done within that time, the executiA^e 
shall not refuse his approval or refrain from publishing it. 



COSTA RICA. 133 

If. during the said period of ten days, the chambers should ad- 
journ, and the executive shoukl veto the bill, said bill must be pub- 
lished, together with his veto, in the official journal, at the latest, three 
days after the expiration of the time granted for the veto. Should it 
not be done, the bill shall be considered as a law of the Republic. 

Art. 83. After a bill has been vetoed by the executive power 
within the legal term, it shall again be discussed in three debates in 
case the bill should have been objected to as a whole, or in two de- 
bates if the executive should have offered some amendments. Should 
the chamber agree by a majority of votes to the refusal of the 
executive, the bill shall be placed on file, and shall not be presented 
again until the following legislative term. Should the chamber ac- 
cept by a majority of votes the suggestions made by the executive, or 
if by a two-thirds vote it should reject the opposition or suggestions 
of the aforesaid power, and ratify the bill as it was passed, said bill 
shall be referred again to the Senate if the ratification of the latter 
is needed, where it shall undergo the same procedure indicated in 
this article. 

Should the Senate, in its turn, agree by a majority of votes to the 
refusal of the executive, the bill shall be placed on file, and shall not 
be presented again until the following legislative period. Should the 
suggestions of the executive be approved by a majority of votes, or if 
the opposition of the suggestions made by the executive should be 
rejected by a two-thirds vote, and the bill should be ratified as it was 
passed originally, it shall be returned to the executive, who shall not 
then withold his approval. 

Art. 84. If the opposition of the executive is based on the fact 
that the law is unconstitutional, and the chambers should reenact it, 
it shall be referred to the Supreme Court of Justice to decide the 
matter within ten working days. Should the majority of all the Jus- 
tices of the Supreme Court decide that the bill is constitutional, it 
shall be the duty of the executive to give it his approval. In the con- 
trary case, the bill shall be considered disapproved, and shall be 
placed on file. 

Art. 85. Should the executive fail to comply with his dut}^ to ap- 
prove the laws within the time and in accordance with the manner 
provided in this Constitution, the president of the Senate shall ap- 
prove the same and cause them to be published in the official journal. 
If in spite of the order of this official the law should not be published 
within fortj^-eight 'hours in the official journal, the publication shall 
be made in any of the newspapers of the country. 

Art. 86. The bills remaining pending at the end of a legislative 
period of the chamber shall be considered as new bills in the following 
ordinary sessions in case that at this second legislative period there 



134 CONSTITUTIONS OF THE STATES AT WAB. 

should have been a renewal of deputies. Otherwise, the interrupted 
debate may be continued. 

Those which at the end of the legislative period should be left 
pending in the Senate, shall likewise be considered as new bills in the 
same case of renewal of Senators. 

Art. 87. The following resolutions shall not require the approval 
of the executive, and shall be published without need thereof : 

1. Those regarding the elections which must be made in accord- 
ance with this Constitution or with the international treaties, or with 
their respective regulations, or those with regard to the resignations 
or excuses which may be presented. 

2. Those that decree the removal of their seat to another place. 

3. Those regarding whether or not there is ground to institute 
proceedings against public officials, as provided in Article 77, or 
those suspending or sentencing said officials. 

4. The regulations which they might adopt for the conduct of 
their internal affairs. 

Art. 88. Every law or decree of Congress shall be headed as fol- 
lows: 

The Senate, the Chamber of Deputies, or the Congress of Costa Rica, in the 
use of the powers granted to it by the Constitution of the Republic, de- 
crees : * * * 

The president and the secretaries shall sign on behalf of each 
chamber. 

The President of the Republic of Costa Rica — whereas the Chamber of 
Deputies, the Senate, or Congress, has decreed as follows : * * * Therefore, 
I command that the foregoing law be published and obeyed. 

The president and the respective ministers of State shall sign. 
Chapter YI. — The Executive Power. 

Art. 89. The executive power shall be exercised by a citizen whose 
title shall be President of the Republic, with the indepensable collabo- 
ration of the ministers of State, the number of whom shall be fixed 
by law. 

The President shall despatch with each minister the current mat- 
ters of public business pertaining, according to law, to that particu- 
lar ministry. 

Bills to be presented to the legislature, those received from it for 
sanction, the budget bill, matters for which this Constitution requires 
presidential sanction, and in general all matters of great weight and 
importance, shall be considered and decided by the President in 
the Council of Ministers. 

/^rt. 90. There shall be a Vice-President of the Republic, elected 
for the same term as the President, who will serve during the absence, 
temporary or permanent, of the President. 



COSTA RICA. 135 

In case of the permanent absence of the Vice-President of the 
l\e})iiblic, the president of the Senate, or failing him, the president of 
the Chamber of Deputies shall replace the President during the tem- 
porary or permanent absence of the latter, and until he returns to 
office or the pending presidential term ends, as the case may be. If 
the ])resident of the Chamber of deputies is called to act as President, 
during the temporary absence of the president of the Senate, and 
there be occasion to replace the President of tlie Republic by reason 
of his permanent absence, he shall hand over the Presidency to the 
president of the Senate as soon as the cause for the latter's absence 
ceases. 

If the absence of the Vice-President be temporary and should tem- 
porary or permanent absence of the President occur, the president 
of the Senate shall assume the Presidency, or failing him the presi- 
dent of the Chamber of Deputies; but when the occasion for the 
absence of the Vice-President ceases, the latter shall be President. 

The president of the Senate or the president of the Chamber of 
Deputies, when called to the Presidency by law, shall continue therein 
for the time hereinbefore stated, even though their respective ap- 
pointments shall have terminated. If the term of each as senator or 
deputy shall not have expired at the time they give up the office, 
they shall recover their seats in the Senate or in the Chamber, as the 
case may be, until their terms end. 

Art. 91. Should the President die, the Vice-President, or failing 
him, his lawful successor, shall by right become President. 

Should the President resign his office and his resignation be ac- 
cepted, the Congress shall call the Vice-President or his lawful suc- 
cessor to the Presidency. 

Should the President be suspended or deprived of his office, accord- 
ing to this Constitution, the Chamber of Deputies when suspending 
him or the Senate Avhen depriving him of office, shall call to the 
Presidency the Vice-President or his lawful successor. 

When the President shall have become morally or physically unfit 
for the office, the Congress, if it be in session, or, if it be adjourned, 
then as soon as it be called in session by the Minister of the Interior 
{M'mistro de Gohemacion) ^ within the fixed term of three days, shall 
consider the circumstances of the case and decide whether the Presi- 
dency is to be regarded as vacant. Should it decide in the affirma- 
tive, it shall call to the Presidency the Vice-President or his lawful 
successor. In default of such a resolution, the Council of Ministers, 
presided over by the Minister of the Interior, shall govern. 
'^\rt. 92. If the President should become so ill as to make it diffi- 
cult for him to discharge his duties, he may turn over the Presidency 
to the Vice-President or his lawful successor. 



136 CONSTITUTIONS OF THE STATES AT WAR. 

When the President shall decide to direct military operations in 
time of war outside of the capital, he shall call upon the Vice-Presi- 
dent, or failing him, his lawful successor, to take charge of the other 
branches of the government. 

In no case may the President relinquish his office without permis- 
sion of the Senate, which shall then call the Vice-President or his 
lawful successor, to the Presidency. 

Art. 93. To be President or Vice-President of the Republic it is 
required : 

1. That one be a born Costa Eican and a citizen in the exercise 
of his rights. 

2.' To be over 30 years of age. 

3. To be a layman. 

4. To be the owner of property worth 5,000 colons, or to have an 
annual income of 3.000 colons or a professional title recognized by 
the State. 

5. To know how to read and write. 

Art. 94. He is ineligible for the office either of President or Vice- 
President who is : 

1. The ascendant or descendant or brother, by blood or affinity, 
of whoever shall be in exercise of the functions of President of the 
Republic at the time of the election, or who shall have exercised 
them within the year previous. 

, 2. The titular or temporary Vice-President who may be in power 
at the time of the election or who shall have heen in power within 
the year previous. 

Equally ineligible for the office of President is : 

1. He who may be minister of State at the time of the election 
or shall have been such within the year previous. 

2. The officer having military command of a city or district at 
the time of the election or anyone who by blood or affinity shall be his 
ascendant, descendant or brother. 

The President of the Republic shall not be reeledted for the term 
following his own, even though he may have resigned or in an}'' other 
way lost his office. Neither shall the Vice-President be elected for 
the term following his own. 

rAny deputy or senator may be elected Vice-President and does 
not thereby lose his seat in the chamber, save only for the time he 
may fill the office. 

The President and Vice-President shall not be related to each 
other by blood or affinity, as ascendant, descendant or brother. 

Art. 95. The President shall be in office six years. At the end of 
such period he ceases by that very fact to exercise his functions. 

Art. 96. The office of President and that of Vice-President are 
obligatory and the President and Vice-President elect shall assume 



COSTA RICA. 137 

office on the eighth day of May. On taking office they shall take the 
oath required by law. • 

If for any grave reason the President be unable to take the oath on 
the day named, the Vice-President shall act as President. 

In such case the President elect shall take the oath during the or- 
dinary session of Congress; but should the impediment continue and 
the chambers adjourn, he shall take the oath as President before the 
Vice-President who is acting in his stead, with the ceremonies pre- 
scribed for the occasion. 

Art. 97. The salary of the President shall not be increased or di- 
minished except for the following term. 

Art. 9(S. The President shall not leave the territory of the nation 
while in office, nor for a year after the day he has ceased therefrom, 
without securing the permission of the Senate in both cases. 

This prohibition applies to the titular or temporary Vice-President 
during the time he is in office and for the following year. 

Art. 99. The following are the duties and attributions of the Presi- 
dent of the Republic, outside of those enumerated in the other articles 
of this Constitution : 

1. To freely appoint and remove the ministers of State and 
governors of provinces, and other employees depending upon him. 
To appoint and remove in the Council of Ministers the diplomatic 
ministers and the consuls general of the Republic. 

2. To maintain public order throughout the territory, and to re- 
store it wherever it has been disturbed, and to provide for the in- 
ternal security of the Republic, defend the independence and the 
honor of the nation and the inviolability of its territory. 

3. To declare war upon another nation Avith the consent of Con- 
gress, without prejudice of the right of repelling any foreign aggres- 
sion when urgently required. 

4. To conclude and ratify treaties of peace which have been sub- 
mitted to the approval of Congress. 

5. To assume the command of the army as commander-in-chief 
thereof, or to delegate these functions when he should deem it con- 
venient; and to direct, whenever he may deem it .proper, the wixr 
operations as such commander-in-chief. 

6. To grant military grades up to and including that of lieu- 
tenant-colonel, and to issue corresponding certificates for grades 
conferred by himself or by Congress. 

. 7. To comply with and execute the Constitution and the laws, and 
cause others through its agents and subordinate employees to do like- 
wise ; and to see that the public officials who are not subordinate to it 
shall also comply with and execute the said Constitution and laws, 
applying for that purpose to their immediate superiors. 
88381—19 10 



138 CONSTITUTIONS OF THE STATES AT WAR. 

8. To take care of the exact collection and administration of 
public revenues and wealth, and to decreee the disbursement thereof, 
in strict accordance with the law. 

9. To conduct the relations with other nations ; to receive diplo- 
matic ministers and to admit the consuls of others nations ; to con- 
clude treaties and agreements with the governments of the other 
countries and to exchange them after ratifications, which must be 
given by Congress. 

10. To grant naturalization papers in the cases authorized by 
law. 

11. To grant pardons, commutation and reduction of sentences 
in accordance with the law, likewise to reinstate delinquents in their 
rights. 

12. To grant amnesties and general or special pardons for po- 
litical offenses. 

13. To emancipate minors in accordance with the laws. 

14. To supply the consent to contract marriage to those who 
need such consent by law. He shall not supply the consent of the 
father nor that of the mother. 

15. To convene Congress in ordinarj^ session, and, in accord with 
the Council of Ministers, to call for extraordinary sessions whenever 
the serious interests of the State demand it. The decree in the latter 
case shall explain the reasons of the convocation of the chambers. 
After the latter have convened, he may submit new matters to their 
consideration. 

16. To issue the instructions and regulations which may be neces- 
ir;ary and convenient for the prompt and proper execution of the laws, 
without however contradicting or altering the spirit thereof. These 
regulations and instructions must be discussed in the Council of 

\ Ministers. 

v ' 17. To issue regulations for the internal government of the 

offices and departments of the government. 

18. To look to the prompt and complete administration of justice 
lending the courts, in accordance with the law, all the necessary- sup- 
port and assistance to have their orders obeyed and executed. 

19. To call upon the citizens and the electoral college to hold 
the elections which may be necessary at the time fixed by the Consti- 
tution and by law. 

Art. 100. The President must present to Congress at the opening 
of the ordinary sessions a written message rendering an account of 
the political situation of the Republic and of the general situation of 
the several branches of the administration. He shall recommend, 
furthermore, the adoption of measures which he may consider im- 
portant for the good conduct of the affairs of the nation and for its 
progress and welfare. 



COSTA RICA. 139 

These documents, being essentially of a political nature, must be 
approved by the Council of Ministers. 

Art. 101. The President of the Republic during his term of office, 
and the titular or temporary Vice-President, while in the discharge 
of that office, shall not be prosecuted or tried for common offenses, 
except after the Chamber of Deputies has declared that there is 
ground for prosecution upon charges filed against them. 

Art. 102. The President, or the person who replaces him, and the 
ministers of State are responsible for the offenses which they may 
commit in their conduct: 

1. When they favor the interests of a foreign nation against the 
independence, liberty and integrity of Costa Rica. 

2. When they interfere directly or indirectly with the elections 
ordered by this Constitution, or restrict the freedom to which all 
electors are entitled. 

3. When they prevent the chambers from assembling or holding 
their meetings at the time appointed by the Constitution, or re- 
strict the liberty and independence which they should enjoy in all 
their acts and deliberations. 

1. When they refuse to publish or execute the laws in those cases 
in which according to this Constitution they may not refuse. 

5. When they impede or hinder the courts from taking cogni- 
zance of cases falling under their jurisdiction, or when they restrict 
the freedom which said courts should enjoy, or disobey their orders. 

6. When in any other manner they attempt to violate the 
Constitution or the laws, or the lawful enjoyment and exercise of 
political or individual rights or the constitutional custody and use of 
the public wealth. 

For these acts thej- shall be tried by the Senate after the Chamber 
of Deputies, in accordance with the provisions of Article 77, has 
declared that there is ground to institute proceedings. 

The ministers are liable for the acts of the administration in their 
respective branches jointly with the President. The liability for the 
acts agreed upon in the Council of Ministers shall extend to all min- 
isters jointly with the President. The ministers shall not be released 
from liability by a verbal or written order of the President, nor shall 
they save their vote at the Council sessions. 

The liability of the President or of the person acting as substitute 
shall only be demanded when he is in power, and during the year 
following the date of his separation from office. The liability of 
the ministers shall last while they are in office and for six months 
after their separation therefrom. 

Art. 103. . All decrees, acts, regulations or orders of the President 
must be signed by the respective minister, and shall not be valid or 



140 CONSTITUTIONS OF THE STATES AT WAK. 

obeyed without this requisite. Only those decrees whereby ministers 
are appointed or removed shall be signed by the President alone. 

The ministers shall not issue any decree, resolution or order by 
themselves, and shall be held guilty of fraudulent alteration {su- 
plantacion) if they communicate any act of the President without 
being signed first by the latter in the respective book. 

Art. 104. The ministers of State may attend the sessions of either 
one of the chambers and take part in the discussion. But they must 
withdraw from the Hall of the Chamber before voting is proceeded 
with. 

Art. 105. No one shall be minister of State who is not : 

1. A citizens in the exercise of his rights. 

2. A native or a naturalized citizen who has resided ten years in 
the country after having obtained his naturalization papers. 

3. A layman. 

4. Over 25 years of age and of well-known morality and quali- 
fications. 

No one shall be minister who is a contractor for public works or 
services ; and whoever files any claim for his own interest shall ceaso 
to be a minister if at the time of filing such claim he holds such 
office. 

Art. 106. Within the first fifteen days after the opening of the or- 
dinary sessions, the ministers must present to Congress in writing a 
detailed report of all the work done during the year and of the con- 
dition of the administration. 

The Minister of Finance shall furthermore, within the same term, 
l^resent the project for the budget for the ensuing calendar year, and 
the detailed account of the expenses incurred during the preceding 
calendar year. The items of expenses shall be kept one by one with 
all their details, but should there be amongst the latter any one of a 
secret character, the publication of which should be deemed inad- 
visable, the Minister shall not include it, but he must give explana- 
tions, and show the corresponding voucher to the cormnittee ap- 
pointed by Congress to examine the accounts of the Treasury. 

Failure to present these reports and the project within the time 
specified, shall render the defaulting minister liable therefor. 
• Art. 107. All deliberations and resolutions of the President and 
the Council of Ministers shall be entered in the corresponding book 
of minutes which shall be signed by all present. 

When the extreme gravity of any matter so demands it, the Presi- 
dent shall add to the Council such persons as he may consider proper 
to call. The resolutions and the votes shall be set down in the 
minutes. 



COSTA RICA. 141 

Chapter VII, — The Judicial Power. 

Art. 108. The judicial power shall be vested in the Supreme Court 
of Justice divided into branch courts : one of Cassation with five mem- 
bers, and the others of Appeals with three members each. 

The number of Courts of Appeals shall be determined by law in 
accordance with the needs of the administration of justice. 

The justices shall be elected by the Senate from among the lists of 
three candidates for each place, which must be presented to it sepa- 
rately by the Chamber of Deputies and the executive power. 

The candidates of either list may be the same in whole or in part. 

The Senate shall designate which are the justices who are to con- 
stitute each branch court, and which of their members is to be their 
president. The president of the Court of Cassation shall be the 
president of the Supreme Court. 

The powers of the Supreme Court in bench and those of each 
branch court shall be determined by law. 

Art. 109. The judicial power shall be exercised also by the tribunals 
and courts established by law, all of which, whatever be their denomi- 
nation, shall depend upon the Supreme Court. 

The law shall mark the jurisdiction, number and duration of the 
courts and tribunals, their attributions, duties, faculties and the man- 
ner in which they shall incur liability. 

""The Supreme Court has the power to appoint all officials who ad- 
minister justice under it as well as to appoint or remove the subordi- 
nate personnel of the branch courts and lower courts. 

Congress is authorized to organize the jurisdiction on governmental 
litigious matters [juiUdicciSn contencioso-adtmnistratioa). 

Art. 110. The office of judge or justice is incompatible with that 
of alderman or municipal employee, and with that of employee and 
subordinate of the other powers. 

But the office of professor of a professional school supported or 
subsidized by the State is not incompatible, if the appointment is 
made by the respective board of directors. 

No judge or judicial functionary shall engage in the profession of 
law, or be a solicitor, except in cases personally affecting himself, his 
spouse, his ascendants or descendants, or brothers, by blood or affinity. 

Nor shall any judicial functionary: 

1. Address any communication to the executive poAver or to Con- 
gress or to public officials or official corporations, congratulating or 
criticising them for their acts. 

2. Take any part in the political elections outside of casting their 
personal vote. 



142 CONSTITUTIONS or the states at war. 

3. Take any part in meetings, demonstrations or any other acts of 
a political character. 

The provisions of Article 65 in. regard to deputies and senators are 
also applicable to justices. 

Art. 111. For the office of justice the following requisites are neces- 
sary : 

1. To be a native of the Republic and a citizen in the exercise of 
his rights. 

2. To belong to the laity. 

3. To be over 35 years of age. 

4. To have a lawyers' degree issued or recognized in the country 
by the authority or corporation legally empow^ered therefor, and to 
have practiced his profession for at least ten years, either as an official 
of the judicial branch or as a professor of law, or in private practice. 

The following shall not be appointed justices: 

1. Persons who are- deaf or dumb, or those who are physically or 
mentally defective. 

2. Those who have been sentenced for crimes committed against 
property, public faith or good morals. 

Persons who are related to each other by blood or affinity, being 
ascendants and descendants or brothers, shall not act as justices at 
the same time. 

Justices must give a bond or mortgage security up to the sum of 
5,000 colons before entering upon the discharge of their duties. 

Art. 112. Justices shall have the right to remain in office while they 
discharge their duties well. They shall not be suspended without a 
previous declaration that there is ground to institute proceedings 
against them, nor shall they be discharged except by virtue of a judg- 
ment rendered against them. 

A justice who, while in the discharge of his duties as such, shall 
be rendered incapable of continuing in office by reason of age or ill- 
ness, shall be separated from the Supreme Court upon justification of 
his case, and by the vote of three fourths of the total number of its 
members. A justice shall have then the right to receive a life pen- 
sion amounting to one half of the salary which he is drawing at the 
time of his retirement. 

Art. 113. The salary of the justices shall be jEixed by law every ten 
years, and those of the other ptiblic officials who render their service 
in the courts and other inferior tribunals shall be fixed every five 
years. 

The salaries of these officials shall not be reduced during the period 
for which they were fixed. 

Art. 114. Public officials who are serving in the inferior courts or 
tribunals shall not be suspended during their term of office except 



COSTA RICA. 143 

upon previous declaration that there is ground for instituting pro- 
ceedings against them; nor shall they be dismissed except by virtue 
of a final judgement. 

The Supreme Court, for grave reasons, however, shall cancel, by 
a vote of two thirds of the total number of its members, the election 
of any of said officials. 

AitT. 115. In order to fill accidental vacancies of justices, the Sen- 
ate shall elect every two years twenty assistant justices who must 
liave the same qualifications required for the office of justice, and 
who have property of their own to the value of 5,000 colons, or an 
annual income of 3,000 colons, and who are not subalterns, officials 
of the court or employees of the other branches of the government, 
or aldermen or municipal employees. 

No lawyer shall sit as assistant justice in any case of which he is 
in charge or which he may be defending before the courts. 

Whenever any justice is to be substituted, either for a specified 
case or for any length of time, the Supreme Court in bench shall 
draAv such substitute by lot from among the list of assistant justices. 

Whenever a vacancy shall occur amongst the justices by reason 
of death or incapacity, the Supreme Court shall report this fact to 
the executive power and to the Chamber of Deputies, in order that 
the Senate in its ordinary or extraordinary session may fill such 
vacancy. In the meantime the Supreme Court shall elect one of the 
assistant justices to temporarily fill the vacancy. 

Chapter VIII. — The Mfnicipal Regime. 

Art. 116. For the purposes of the general administration of national 
affairs, the territory of the Republic shall continue to be divided into 
the seven provinces of San Jose, Alajuela, Cartago, Heredia, Guana- 
caste, Puntarenas and Limon. The provinces shall be divided into 
cantonments and the cantonments into districts. 

Hereafter, no cantonment shall be created that has not at least 
5.000 inhabitants; neither shall a cantonment be created, if upon 
dismembering it from the other or others the dismembered canton- 
ment should not be left Avith a population of at least 6,000 inhabit- 
ants and sufficient territory for its development. 

The law creating a new cantonment shall designate its boundaries 
in indubitable manner. 

The executive power shall issue, as soon as possible, the opportune 
orders so that the boundaries of existing cantonments and provinces 
shall be clearly determined. Should the municipalities concerned 
agree in the total or partial demarcation of their boundaries, the 
executive power shall approve the agreement and the line agreed upon 



144 CONSTITUTIONS OF THE STATES AT WAR. 

by the parties shall be considered as the boundary line. Otherwise, 
the disputed line shall be submitted to the decision of the Chamber of 
Deputies, so as to settle the question by a law fixing the boundaries 
and adopting the natural divisions as far as may be practicable. 

Art. 117. The management of interests which are purely local in 
character shall be entrusted by each cantonment to a municipality and 
an intendant, who shall be elected by the citizens domiciled in such 
cantonment at least three months before election. 

Each municipality shall be composed of three aldermen in those 
cantonments whose population does not exceed 5, OOOy inhabitants; 
five in those whose population exceeds 5,000 and is less than 10,000 ; 
and in those cantonments of over 10,000 inhabitants there shall be an 
additional alderman for every 10,000 inhabitants or fraction thereof 
exceeding 5.000. 

In order to fill the vacancies of aldermen, there shall be elected at 
the same time as many substitutes as there are sitting aldermen ; and 
to replace the vacancy of the intendant, a vice-intendant shall be 
elected. 

Each district shall furthermore elect a sitting and a substitute 
syndic, whose main duty shall be to represent before the munici- 
I)ality the special interests of his district, and to see that the funds 
of the latter are used for the needs thereof, after deducting the per- 
centage of general, expenses for the cantonment which may corre- 
spond to the district in the proportion which its population has to 
the total population of the cantonment. 

Art. 118. The sitting and substitute aldermen shall hold their office 
for six years, and one half of them shall be renewed every three years. 
If the number of aldermen is odd, the half of the even number result- 
ing after adding a unit to the total shall be renewed first. The alder- 
man or aldermen who are to leave office after the first three j^ears shall 
be decided by lot. 

The syndics shall hold office for three years, and shall be elected by 
the citizens of the district at the same time as the aldermen. 

The office of alderman and syndic is obligatory and gratuitous. 
The law shall designate the qualifications which said officers must 
have, and the grounds which may be alleged as excuses for declining 
the election. 

The intendant and vice-intendant shall hold office for three years, 
and may be reelected. The office of intendant is salaried. The 
amount of the salary shall be fixed by the municipality for the fol- 
lowing period, and shall not be increased or diminished for the run- 
ning term of three years. 

The term of office of municipal officials shall begin on 1 May, on 
which date they shall enter upon the duties thereof. 



COSTA RICA. 145 

Art. 119. The miiiicipality shall not take any action without the 
presence of two thirds of its members. The decisions shall be taken 
by a majority of the votes present. The intendant shall preside over 
the sessions, but shall not vote. 

The provisions regarding the substitute deputies, as contained in 
Article 63, is applicable to aldermen. 

Art, 120. The municipality has the power to freely appoint and 
discharge the heads of the several departments. Subalternate offi- 
cials shall be freely appointed and discharged by the intendant but 
the municipality has the right to disapprove such appointments or 
dismissals. 

The intendant is the executor of the laws and resolutions of the 
municipality on nnmicipal matters. 

The municipality shall deliberate and decide upon all matters of 
local interest, and it is therefore its duty to take care of the sanitation, 
to Avhich they must give preferred attention in accord with the 
Supreme Board of Health, and to take care also of the public com- 
fort, improvement and recreation; of the roads, streets and squares 
of the cantonment: of the municipal public works; of the lighting 
and water systems, neatness, markets, sewers, watermains and in 
general of everything that tends to the progress and welfare of the 
neighborhood considered as an administrative unit different from 
that of the State. All this shall be done in accordance with the gen- 
eral laws and the provisions of the present Constitution. 

It shall dispose of all the revenues and income belonging to it 
according to the law. 

It may decree new taxes whenever there is a law authorizing it. Its 
decree shall be obligatory to the neighborhood after it has been ap- 
proved by the executive power, who shall not refuse its approval if 
the tax is according to law, and does not exceed the maximum which 
the latter may have fixed and must fix for each item. 

It shall attend to the needs of the cantonment with its revenues 
and income. No expenditure shall be authorized by the municipality 
or by law which does not respond to a real necessity; and the use of 
the public funds of the cantonments for feasts, celebrations, recep- 
tions or other purposes foreign to those of the municipal institution 
is forbidden. 

A general law shall provide what may be proper in regard to the 
manner of forming and liquidating the municipal budget. Every 
three months the intendant shall publish and cause to be printed and 
circulated a statement giving in detail the revenues and the expendi- 
tures; and he shall publish every year in the official journal a report 
of whatever has been done during the preceding year. 



146 CONSTITUTIOlSrS OF THE STATES AT WAE. 

Art. 121. The intendant shall propose to the municipality the 
measures which he may deem proper. 

He may veto any resolution of the municipality within the eight 
working days following the passage thereof, whenever in his opinion 
said resolution is contrary to law, or is beyond the powers of the 
corporation. Private individuals impaired in their rights may in 
similar cases appeal from municipal resolutions. The municipality 
shall reconsider its resolutions immediately, and if insisted on, the 
case shall be submitted for final decision to the executive power, who 
shall consider and decide the matter in question in the Council of the 
Cabinet. 

Art. 122. The executive power shall take care that the municipali- 
ties and intendants comply with their legal duties. Should he notice 
any illegality in the discharge of the duties belonging to such cor- 
porations or officials, he may suspend their resolutions, if so decided 
in the Council of the Cabinet, and he shall report this fact to the Sen- 
ate at its next session, so that the latter may take the proper action or 
may determine the corresponding liability. 

Art. 123. There shall be a governor for each province, who shall be 
the agent for and appointed by the executive power, with the qualifi- 
cations and attributions determined by law. 

This official shall have no authority over the municipality and the 
intendant in the exercise of the latter's office. He must, on the con- 
trary, and as far as not against law, lend them his assistance and 
collaboration. 

Chapter IX. — The Keform of This Constitution. 

Art. 142. The present Constitution may be partially reformed 
through a legislative act which must be subject to the following- 
provisions : 

1. No amendment shall be proposed, considered, or decided upon 
in extraordinary sessions. 

2. No proposed amendment which has been rejected by either one 
of the chambers or by Congress shall be again presented until after 
two years. 

3. Either chamber may propose an amendment by three of its 
members, no more, no less. The proponents must present a reasoned 
statement together with the draft of the articles, which shall be pub- 
lished in the official journal before they are read in the chamber. 

4. No proposed amendment shall cover matters which are not 
perfectly connected with one another. Each matter shall be the ob- 
ject of a proposed amendment which may refer to several articles of 
the Constitution if they supplement one another. 

5. Each chamber shall, before entering upon the discussion of any 
amendment, elect a commission of three persons, from among its 



COSTA RICA. 147 

members, to report within eight days whether or not the amend- 
ment is advisable. This report shall be published in the official 
journal and shall not be taken up for debate until three days after 
its publication. 

6. Saving the provision contained in Section 10 of this article, 
with reference to Congress, no amendment shall be considered validly 
made until passed by two thirds of the votes present, 

7. After the amendments have been presented, and their publica- 
tion and report on the same have been proceeded with as aforesaid, 
they shall be taken up for debate on three different days. Should 
the chamber approve the amendment, with or without amendments, 
it shall be referred to the other chamber for review. Should this 
not be done, the proposed amendment shall be considered as rejected. 

8. The reviewing chamber in the same session, or. in case of lack 
of time, in the session immediately following, shall take up the 
proceedings on the amendment. If the chamber, after holding three 
debates should agree to the amendment as it was sent to it, the record 
shall be sent to the executive power. Should the chamber reject 
the amendment as a whole, said amendment shall be considered de- 
feated. Should the amendment be accepted in general, but subject, 
in its opinion, to some necessary changes, said changes shall be pro- 
posed to the chamber where the amendment originated. In such 
case, should the latter accept the changes after a debate, the respec- 
tive bill shall be considered modified, and shall be forwarded by the 
reviewing chamber to the executive power, but should said changes 
be disapproved, the amendment shall be considered rejected. 

9. If in the foregoing cases the proposed amendment should be 
referred to the executive power, the President shall, in the Council of 
Ministers, decide- Avhat he may deem convenient, and he shall return 
the record within the first eight days after the sessions for the year 
immediately following have opened. The resolution of the execu- 
tive and the reasons on which his decision is based shall be noted in 
the record of the proposed amendment, and the respective act or 
statement shall be signed by the President and the ministers. This 
document shall likeAvise be published in the official journal. 

10. Three days after the report of the executive has been pub- 
lished, the Congress shall, in joint session, begin to consider the 
matter, which must undergo three debates on such dates as it may 
designate, Avithout need of referring the report to a new committee. 
In the event that the executive has accepted it witliout change, or 
should propose a change accepted by Congress, two thirds of the 
votes of deputies and senators present shall be sufficient to consider 
the amendment ratified. But three fourths of the total number of 
deputies and senators shall be necessary to consider the amendment 
passed, if the executive should object to it or should suggest changes 



148 CONSTITUTIONS OF THE STATES AT WAR. 

which Congress does not accept. If in either case the necessary 
special majority should not be obtained, the proposed amendment 
shall be considered as rejected. 

11. If the amendment agreed upon in accordance with the fore- 
going principles should refer to any of the guarantees specified in 
Chapter II of this Constitution, said amendment shall not be held 
valid if not ratified by a majority of the votes of a Constituent 
Assembly which shall be called by Congress for that purpose. 

Art. 125. Whenever, according to Article 1, or to the last article, 
a Constituent Assembly has to be called. Congress shall, within eight 
days following the approval of the treaties or the amendments, pass 
a law calling for an election of deputies, possessing the qualifications 
which this Constitution demands for the office of senator. The/elec- 
tion shall be made by provinces at the rate of one sitting deputy for 
every 15,000 inhabitants and fraction not over (sic) 7.500, and of a 
substitute deputy for every three and fraction of three of the sitting 
deputies. 

The Assembly shall meet within three months, at the latest, and 
the rules established by Article 69 in regard to the number necessary 
to constitute a quorum shall also be applicable to the Assembly. The 
provisional board of directors shall be composed of the three eldest 
deputies who shall, in order of seniority, fill the office of president, 
first and second secretary. 

Chapter X. — The Observance of This Constitution. 

Art. 126. The present Constitution, signed by all the deputies in 
the Assembly, shall be referred to the executive power for its imme- 
diate publication and observance, Avithout the need of the oath 
formerly used. 

The former Constitution of 1871, reenacted in 1882 and in this 
same year by a decree of the Constituent Assembly, as well as all 
the laws which thereafter amended it, are hereby abrogated. 

Art. 127. The existing laws shall continue in force and shall be 
obeyed, in so far as they are not contrary to this Constitution. 

Art. 128. In order that the interpretation of any of the provisions 
of this Constitution may be considered authentic, it is necessary that 
the same procedure and formalities prescribed for their revision be 
observed. 

Art. 129. Congress, at its ordinary sessions, shall ascertain whether 
or not this Constitution has been violated, and whether or not the 
liability of the infractors has been enforced; and, in its proper. case, 
it shall take the necessary steps for the punishment of the guilty. 



COSTA RICA. 149 

TRANSITORY PROVISIONS. 

Article 1. The first presidential term shall end on 8 May 1923, and 
until then the President elected by the people on 1 April of the pres- 
ent year shall exercise the executive power in accordance with the 
Constitution. 

The budget to be voted in 1923 shall show the salary the President 
shall receive for the next six years and for each succeeding term of 
six years. 

Art. 2. The office of Vice-President of the Republic shall become 
eflFective for the term commencing on 8 May 1923. 

Meanwhile, in regard to succession to the Presidency the system of 
designates shall be used which was in force under the previous 
Constitution. 

Art. 3. The Constituent Assembly ratifies the appointments of the 
justices of the Supreme Court of Justice and the assistant justices, to 
wdiich decrees No. 5 of 12 April and No. 13 of 4 June of the present 
year respectively refer. 

Art. 4. In order to arrange the municipal regime during the transi- 
tion period it is hereby ordered : 

1. That one half of the members of the present municipalities 
shall continue in office until 30 April 1919. The President of the Re- 
public in the Council of Ministers shall draw by lot the one half 
which must cease at the present time, and shall replace it with indi- 
viduals appointed by him possessing the qualifications required by 
law. Should the number be an odd one, the one half resulting from 
the total plus one, shall cease at the present time. 

2. That the office of intendant shall not be filled until 1 May 1919, 
and in the meantime the government and political chiefs shall con- 
tinue to exercise the powers which they have at present. During that 
interval the executive must submit the proposed municipal ordi- 
nances, and Congress must publish them. The municipalities shall 
continue to be governed as at present until 1 May 1919, on which 
date the provisions in regard to the new municipalities shall become 
effective. 

3. That the syndics at present in office shall continue in their 
places until 30 April 1919. Should any vacancy occur and should 
there be no substitute to fill it, the executive shall replace it, appoint- 
ing a person for that office possessing the legal requisites, after hear- 
ing the principal inhabitants and taxpayers of the district. 

4. That the first popular election of sitting and substitute alder- 
men, as well as of syndics, intendants and vice-intendants shall take 
place on the first Sunday in March, 1919. 

Art. 5. The Assembly shall convert itself into an ordinary Con- 
gress, and shall remain in ordinary session until 31 August of the 



150 CONSTITUTIONS OF THE STATES AT WAK. 

present year, and for the purpose of constituting the legislative 
chambers it shall • observe the rules for distribution of members 
established by the present Constitution. 

Art. 6. The senators and deputies who compose the present As- 
sembly and who shall form the next Congress and the members of the 
municipality now in office, shall continue in their places until 30 April 
1919. 

The executive power shall, at the proper time, call for elections in 
accordance with Article 52 of the Constitution ; and one half of the 
members of the chambers which may then be elected, as well as those 
of the municipalities, shall be renewed every three j^ears in the manner 
established in this Constitution. 

-^ Art. 7. In order to fill the absolute or temporary vacancies of sena- 
tors, the chambers shall elect a member of the Chamber of Deputies, 
giving preference to those of the same province, of the senator who 
left the vacancy. Provided that if the vacancy is only temporary, 
the deputy elected to fill it shall be reinstated in his Chamber when 
the absence of the sitting senator should cease. 

Art. 8. If the number of substitute deputies of one province should 
be exhausted, the vacancies which may occur shall be filled by those 
of another province which the board of directors may elect. 

Art. 9. During the present constitutional period the representation 
for the provinces shall be as follows : San Jose, 9 deputies and 4 sen- 
ators ; Alajuela, T deputies and 3 senators ; Cartago, 5 deputies and 2 
senators ; Heredia, 3 deputies and 2 senators ; Guanacaste, 3 deputies 
and 1 senator: Puntarenas, 1 deputy and 1 senator; Limon. 1 deput}' 
and 1 senator. The renewals which may occur during the six years 
immediately following shall be made in accordance with this pro- 
portion. 

Art. 10. The judges and mayors who are at present discharging 
judicial duties shall not be removed from office until the expiration 
of the term in force, in accordance with the original law, without 
prejudice to the provisions contained at the end of Article 114.^ 

^ Here follow the signatures of the 42 deputies and the decree of promulgation signed 
by the President and the 5 ministers. 



CUBA. 

P>y the Treaty of Paris of 10 December 1898.^ which ended 
the Spanish-American War, Spain abandoned her rights of sov- 
ereignty over her possessioits of Cuba. Porto Rico and the 
Philippines. For a few years Cuba was under the control of 
the United States military forces. An Act of Congress of the 
United States of 2 March 1901 - authorized the President of the 
United States "to 'leave the government and control of the island of 
Cuba to its people,' so soon as a government shall have been estab- 
lished in said island under a constitution which, either as a part 
thereof or in an ordinance appended thereto, shall define the future 
relations of the United States and Cuba"' on the basis of certain 
principles. These principles were to be inserted in a permanent 
treaty. A convention embodying them was signed on -I'l May 1903 " 
between the United States and Cuba. Meanwhile, an assembly met 
at Habana and adopted n Constitution on 21 February 1901.* and 
an amendment governing Cuba's relations vrith the United States 
was adopted by the Constituent Assembly on 12 June following.^ The 
President and Vice-President of the new Republic were elected on 21 
February 1902, and the government of the United States trans- 
mitted the actual control of the island to the established authorities 
on 20 May." 

^ Sig-ned in English and Spanish. English text in W. M. Malloy, Treaties, Conven- 
tional, International Acts, Protocols, and Agreements between the United States of America 
<md other Powers, 1776-1909 (Washington, 1910), vol. ii, pp. 1690-1695. and British and 
Foreign State Papers. 90 : pp. 382-3S7. 

-'Text in United States Statutes at Large, 31 : p. 897. 

3 Signed in English and Spanish. English text in Malloy, op cit., vol. i. pp. G62-361. 
and British and Foreign State Papers, 96 : pp. 548-551. English and Spanish texts in 
parallel columns in .J. I. Rodrigiez^ American Constitutions, vol. ii (Washington, 1907), 
pp. 149-154. 

* The Spanish text, as officially published and certified by Oen. Leonard Wood, military 
governor of Cuba, in the Habana Gaccta of 14 April 1902, and English translation in 
parallel columns appear in Rodriguez, op. cit., pp. 112-148 (this includes the Appendix). 
Spanish text also in Paul Posbxer, Die Staatsverfassungen des ErdbaUs (Charlotten- 
hurg, 1909), pp. 1113-1130. French translation in Annuaire de legislation etrangere, 34 
(1904) : pp. 463-486. English translation in British and Foreign State Papers, 94: pp. 
554-578 (this includes the Appendix). 

^ See preceding note. 

«This introductory paragraph Is based upon I". R. Dareste, et P. Dakeste, Les Consfi- 
tutions modcrnes (3d edition, Paris, 1910), vol. ii, pp. 427^28, and Rodriguez, op. 
cit., pp. 109-111. 

151 



152 CONSTITUTIONS OF THE STATES AT WAE. 

CONSTITUTION OF 21 FEBaUARY 1901.^ 

[Preamble.1 

We, the delegates of the people of Cuba, in national convention 
assembled for the purpose of framing and adopting the Funda- 
mental Law under which Cuba is to be organized as an independent 
and sovereign State, and be given a government capable of fulfilling 
its international obligations, preserving order, securing liberty and 
justice, and promoting the general welfare, do hereby ordain, adopt 
and establish, invoking the favor of God, the following Constitution. 

Title I. — The Nation, Its Form of Government and the National 

Territory. 

Article 1. The people of Cuba constitute themselves into a sover- 
eign, independent State and adopt a republican form of government. 

Art. 2. The island of Cuba and the islands and islets adjacent 
thereto, which up to the date of the ratification of the Treaty of 
Paris of 10 December 1898 ^ were under the sovereignty of Spain, 
form the territory of the Republic. 

Art. 3. The territory of the Republic shall be divided into the 
six provinces which now exist, each of which shall retain its present 
boundaries. The determination of their names corresponds to the 
respective provincial councils. 

The provinces may by resolution of their respective provincial 
councils and the approval of Congress annex themselves to other 
provinces, or subdivide their territory and form new provinces. 

Title II. — Cubans. 

Art. 4. Cuban nationality is acquired by birth or by naturalization. 
Art, 5. Cubans by birth are : 

1. All persons born of Cuban parents whether within or without 
the territory of the Republic. 

2. All persons born of foreign parents within the territory of the 
Republic, provided that on becoming of age they apply for inscrip- 
tion, as Cubans, in the proper register. 

3. All persons born m foreign countries of parents natives of 
Cuba who have forfeited their Cuban nationality, provided that on 
becoming of age they apply for their inscription as Cubans in the 
register aforesaid. 



1 See above, p. lol, note 4. The translation given here is based on the one in Rodriguez. 
- See above, p. 151, note 1. 



CUBA. 153 

Art. 6. Cubans by naturalization are: 

1. Foreigners Avho having served in the liberating army claim 
Cuban nationality within six months following the promulgation of 
this C(mstitution. 

2. Foreigners domiciled in Cuba prior to 1 January 1899 who 
have retained their domicile, provided that they claim Cuban na- 
tionality within six months following the promulgation of this Con- 
stitution, or if they are minors within a like period following the 
date on which they reach full age. 

8. Foreigners who after five years' residence in the territory of 
tiie Kepublic, and not less than two years after the declaration of 
their intention to acquire Cuban nationality, have obtained natural- 
ization papers according to law. 

4. Spaniards residing in the territory of Cuba on 11 April 1899 
who failed to register themselves as such in the corresponding regis- 
ter within one 3^ear thert;'fter. 

."). Africans who were slaves in Cuba, and those "emancipated" 
•eferred to in Article 13 of the Treaty of 28 June 1835 between Spain 
and P^ngland. 

Art. 7. Cuban nationality is lost : 

1. By the acquisition of foreign citizenship. 

'2. By the acceptance of emi)loyment or honors from another gov- 
ernment without permission of the Senate. 

3. By entering the military service of a foreign nation without 
the said permission. 

4. In cases of naturalized Cubans, by their residence for five 
years continuously in the country of origin, except when serving an 
office or fulfilling a commission of the government of the Republic. 

Art. 8. Cuban nationality may be reacquired in the manner to be 
provided by law . 

Art. 9. Every Cuban shall be bound : 

1. To bear arms in defense of his country in such cases and in 
such manner as may be determined by the laws. 

•2. To contribute to the payment of public expenses in such man- 
ner and proportion as the laws may prescribe. 

Title III. — Foreigners. 

Art. 10. Foreigners residing within the territory of the Republic 
shall be on the same footing as Cubans : 

1. In respect to protection of their persons and property. 

2. In respect to the enjoyment of the rights guaranteed by Sec- 
tion I of the following title, excepting those exclusively reserved 
to citizens. 

S8381— 19 11 



154 CONSTITUTIONS OF THE STATES AT WAR. 

3. In respect to the enjoyment of civil rights under the condi- 
tions and limitations prescribed in the law of aliens. 

4. In respect to the obligation of obeying the laws, decrees, regu- 
lations, and all other statutes that may be in force in the Republic, 
and complying with their, pro visions. 

5. In respect to submission to the jurisdiction and decisions of 
the courts of justice and all other authorities of the Republic. 

6. In respect to the obligation of contributing to the public ex- 
penses of the State, province and municipality. 

Title IV. — Rights Guaranteed by this Constitution. 

SECTION I. individual RIGHTS. 

Art. 11. All Cubans are equal before the law. The Republic does 
not recognize any personal prerogatives. 

Art. 12. No law shall have retroactive effect, except when penal 
and favorable to the defendant. 

Art. 13. Obligations of a civil nature arising out of contracts or 
other acts or omissions shall not be nullified or impaired by either 
the legislative or the executive power. 

Art, 14. The penalty of death shall in no case be imposed for 
offenses of political character, said offenses to be defined by law. 

Art. 15, No person shall be detained except in the cases and in 
the manner prescribed by law. 

Art. 16. Every arrested person shall be set at liberty or placed at 
the disposal of the competent judge or court within twenty- four hours 
immediately following the arrest. 

Art. it. All arrests shall be terminated, or turned into formal 
imprisonments, within seventy-two hours, immediately after the de- 
livery of the arrested person to the judge or court of competent 
jurisdiction. Within the same time notice shall be served upon the 
interested party of the action taken. 

Art. 18. No person shall be imprisoned except by order of a com- 
petent judge or court. 

The order directing the imprisonment shall be affirmed or re- 
versed, upon the proper hearing of the prisoner, within seventy-two 
hours next following the committal. 

Art. 19. No person shall be prosecuted or sentenced except by a 
competent judge or court, by virtue of laws in force prior to the 
commission of the offense, and in the manner and form prescribed 
by said laws. 

Art. 20, Every person arrested or imprisoned without the for- 
malities of law, or outside of the cases foreseen in this Constitution 
or the laws, shall be set at liberty at his own request or that of any 
citizen. 



CUBA. 155 

The law shall determine the form of sv/niTnary proceedings to he 
followed in this case} 

Art. 21. No one shall be bound to testify against himself, neither 
shall he be compelled to testify against his consort, nor against his 
relatives Avithin the fourth degree of consanguinity or second of 
affinity. 

Art, 22. The secrecy of correspondence and other private docu- 
ments is inviolable, and neither shall be seized or examined except 
by order of a competent authority and with the formalities prescribed 
by the laws. In all cases matters therein contained not relating to 
the subject under investigation shall be kept secret. 

Art. 23. Domicile is inviolable ; and therefore no one shall enter at 
night the house of another except by permission of its occupant, un- 
less it be for the purpose of giving aid and assistance to victims of 
crime or accident ; or in the daytime, except in the cases and in the 
manner prescribed by law. 

Art. 24. No person shall be compelled to change his domicile or 
residence except by virtue of an order issued by a competent au- 
thority and in the cases prescribed by law. 

Art. 25. Every one may freely express his ideas either orally or in 
writing, through the press, or in any other manner, without subjec- 
tion to previous censorship ; but the responsibilities specified by law, 
when attacks are made upon the honor of individuals, the social 
order, or the public peace, shall be properly enforced. 

vArt. 26. The profession of all religions, as well as the practice of 
all forms of worship, is free, without any other restriction than that 
demanded by the respect for Christian morality and public order. 
The Church shall be separated from the State, which in no case shall 
subsidize any religion. 

Art. 27. All persons shall have the right to address petitions to 
the authorities, to have them duly acted upon, and to be informed 
of the action taken thereon. 

Art. 28. All the inhabitants of the Kepublic have the right to as- 
semble peacefully, without arms, and to associate with others for all 
lawful pursuits of life. 

Art, 29. All persons shall have the right to enter or leave the terri- 
tory of the Republic, to travel within its limits, and to change their 
residence, without necessity of safe conducts, passports, or other sim- 

' The words printed in italics are not found in the text of the Constitution as given 
in the Diario de Sesiones de la Convencion Constituyente de la Isla de Cuba, pp. 461^72, 
or in J. R. Sedano y Aoramonte, El Libro del ciudadano cuhano (Habana, 1001), 
pp. 9—49. They appear, however, in the text of the Constitution as printed in the 
■Colecclon Legislatira de la Isla de Cuba, 1902, vol. i, pp. 415 et seq., and in Don Gon- 
ZALO DE QcESADA (Cuban Minister at Washington), Cuba (published by the Interna- 
tional Bureau of the American Republics, November, 1905). 



156 CONSTITUTIONS or THE STATES AT WAK. 

ilar documents, except when otherwise provided by the laws govern- 
ing immigration, or by the authorities, in cases of criminal prosecution. 

Art. 30. No Cuban shall be banished from the territory of the Ee- 
public or prohibited from entering it. 

Art. 31. Primary instruction shall be compulsory and gratuitous. 
The teaching of arts and trades shall also be gratuitous. Both shall 
be supported by the State, as long as the municipalities and prov- 
inces, respectively, may lack sufficient funds to defray their expenses. 

Secondary and superior education shall be controlled by the State. 
All persons however, may, without restriction, learn or teach any 
science, art, or profession, and found and maintain establishments of 
education and instruction, but it pertains to the State to determine 
what professions shall require special titles, what conditions shall be 
required for their practice and for the securing of diplomas, as well 
as for the issuing thereof as established by law. 

Art. 32. No one shall be deprived of his property, except by com- 
petent authority, upon proof that the condemnation is required by 
public utility, and previous indemnification. If the indemnification 
is not previously paid, the courts shall protect the owners, and, if 
needed, restore to them the property. 

Art. 33. In no case shall the penalty of confiscation of property be 
imposed. 

Art. 34. No person is bound to pay any tax or impost not legally 
established and the collection of which is not carried out in the man- 
ner prescribed by the laws. 

Art. 35. Every author or inventor shall enjoy the exclusive owner- 
ship of his work or invention for the time and in the manner deter- 
mined by law. 

Art. 36. The enumeration of the rights expressly guaranteed by 
this Constitution does not exclude other rights based upon the prin- 
ciple of the sovereignty of the people and the republican form of 
government. 

-Art. 37. The laws regulating the exercise of the rights which this 
Constitution guarantees shall be null and void if said rights are 
abridged, restricted, or adulterated by them. 

section II. RIGHT OF SUFFRAGE. 

Art. 38. All male Cubans over 21 years of age have the right of 
suffrage, except the following: 

1. Those who are inmates of asylums. 

2. Those judicially declared to be mentally incapacitated. 

3. Those judicially deprived of civil rights on account of crime. 

4. Those serving in the land or naval forces of the Eepublic, 
when in active service. 



CUBA. 157 

Art. 39. The laws shall estal)lish rules and methods of procedure 
to guarantee the intervention of the minorities in the preparation of 
the census of electors, and in all other electoral matters, and its rep- 
resentation in the Chamber of Representatives and in the provincial 
and municipal councils. 

SECTIOX III. — SUSPENSION OF CONSTITUTIONAL GUARANTEES. 

Art. 40. The guarantees established ift Articles 15, 16, 17, 19, 22, 
23. 24 and 27, Section I of this title, shall not be suspended either in 
the whole Republic, or in any part thereof, except temporarily and 
when the safety of the State may require it, in cases of invasion of the 
territory or of serious disturbances that may threaten public peace. 

Art. 41. The territory in which the guarantees mentioned in the 
preceding article are suspended shall be ruled during the period of 
suspension according to the law of public order which may have 
been previously enacted. But neither the said hnv, nor any other, 
shall order the suspension of other guarantees not mentioned in the 
said article. 

Nor shall any new ofi'enses be created, or new penalties not estab- 
lished by the law which was in force at the time of the suspension, 
be ordered to be inflicted during the same. 

The executive power is hereby forbidden to exile or expel from 
the country any citizen thereof, or compel him to reside at any other 
place farther than one hundred and twenty kilometers from his domi- 
cile. Nor shall it detain any citizen for more than ten days, with- 
out delivering him to the judicial authorities, or repeat the detention 
during the time of the suspension of guaranties. The detained indi- 
viduals shall be kept in special departments in the public establish- 
ments destined for the detention of prisoners charged with common 
offenses. 

Art. 42. The suspension of the guarantees specified in Article 40 
shall be ordered, only and exclusively by means of a law, but if Con- 
gress is not in session, it can be ordered by a decree of the President 
of the Republic. But the President shall have no power to suspend 
the guarantees more than once during the period intervening between 
two sessions of Congress, or for an indefinite period of time, or for 
a period longer than thirty days, without convoking Congress in the 
same decree of suspension. In all cases the President shall report 
the facts to Congress, in order that it may act as deemed proper. 

Title V. — The Sovereignty and the Public Powers. 

Art. 43. The sovereignty is vested in the people of Cuba, and from 
the said people all the public powers emanate. 



158 CONSTITUTIONS OF THE STATES AT WAR. 

Title VI. — The Legislative Power. 

SECTION I, THE LEGISLATIVE BODIES. 

Art. 44. The legislative power is vested in two elective bodies, to 
be known as the Chamber of Representatives and the Senate ; the two 
together constituting the Congress.^ 

section II. THE SENATE, ITS MEMBERSHIP AND ITS POWERS. 

Art. 45. The Senate shall consist of four senators for each prov- 
ince, to be elected in each one for a period of eight years by the pro- 
vincial councilors, and by double that number of electors forming 
with the councilors an electoral college. 

One half of the electors shall consist of citizens paying the greatest 
amount of taxes, and the other half shall possess the qualifications 
required by law. But it is necessary for all of them to be of full age 
and residents of the province. 

The election of electors shall be made by the provincial voters one 
hundred days before that of the senators. 

The Senate shall be renewed by halves every four years. 

Art. 46. To be a senator it is required : 

1. To be a Cuban by birth. 

2. To be over 35 years of age. 

3. To be in the full enjoyment of civil and political rights. 
Art. 47. The Senate shall have the following exclusive powers : 

1. To try, sitting as a tribunal of justice, the impeachment of the 
President of the Eepublic, upon charges made against him by the 
Chamber of Representatives, for crimes against the external security 
of the State, against the free exercise of the legislative or judicial 
powers, or for violation of the constitutional provisions. 

2. To try, sitting as a tribunal of justice, the impeachment of the 
secretaries of State, upon charges made against them by the Chamber 
of Representatives, for crimes against the external security of the 
State, the free exercise of the legislative or judicial powers, violation 
of the constitutional provision, or any other crime of political charac- 
ter determined by law. 

3. To try, sitting as a tribunal of justice, the impeachment of the 
governors of provinces, upon charges made against them by the pro- 
vincial councils or by the President of the Republic for any of the 
crimes named in the foregoing number. 

When the Senate sits as a tribunal of justice, it shall be presided 
over by the Chief Justice of the Supreme Court and shall not im- 
pose any other penalty than that of removal from oflEice, or removal 

^Law of 22 July 1902 determined the relations between the two houses. Electoral 
Law of 25 December 1903, revised 11 September 1908. 



CUBA. 159 

from office and disqualification from holding any public office; but 
the infliction of any other i:>enalty upon the convicted official shall be 
left to the courts declared by law to be competent for the purpose. 

4. To confirm the nominations made by the President of the Ee- 
public for the positions of Chief Justice and associate justices of the 
Supreme Court, diplomatic representatives and consular agents of 
the nation, and all other public officers whose nominations require 
the approval of the Senate in accordance Avith the law. 

5. To authorize Cuban citizens to accept employment or honors 
from foreign governments or to serve in their armies. 

(). To approve the treaties entered into by the President of the 
Eepublic with other nations. 

SKCTIOX 111. THE CHAMBF:K OF REPKESEJ^TATIVES, ITS MEMBERSHIP AND 

ITS POWERS. 

Art. -IS. The Chamber of Representatives shall consist of one rep- 
resentative for each 25.000 inhabitants or fraction thereof over 
r2..")0(). elected for the period of four years by direct vote of the 
people and in the manner provided b}' lavr. 

The Chamber of Representatives shall be renewed by halves every 
two years. 

Art. 49. To be a representative it is required: 

1. To be a Cuban citizen by birth or by naturalization, provided 
in the latter case that the candidate has resided eight years in the 
Republic, to be counted from the date of his naturalization. 

2. To have attained the age of 25 years. 

3. To be in full possession of all civil and political rights. 
Art. 50. The power to impeach before the Senate the President 

of the Republic and the secretaries of State, in the cases prescribed 
in Xos. 1 and 2 of Article 47 corresponds to the Chamber of Repre- 
sentati^-es. But the concurrence of two thirds of the total number 
of representatives, in secret session, shall be required to exercise 
this right. 

SECTION IV. PROVISIONS COMMON TO BOTH HOUSES OF CONGRESS. 

Art. 51. The positions of senator and representative are incom- 
patible with the holding of any other paid position of government 
a^jpointment, except a professorship in a government institution, 
obtained by competitive examination prior to the election. , 

Art. 52. Senators and representatives shall receive from the State 
a pecuniary remuneration, alike for both positions, the amount of 
which may be changed at any time; but the change shall not take 
effect until after the renewal of the legislative bodies. 



160 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 63. Senators and representatives shall be inviolable for their 
votes and opinions in the discharge of their duties. Senators and 
representatives shall only be arrested or indicted upon permission of 
the body to which they belong, if Congress is then in session, except 
in case of fiagrante delicto. In this case, and in the case of the arrest 
or indictment being made when Congress is not in session, the fact 
shall be reported, as soon as practicable to the respective house for 
proper action. 

Art. 54. Both houses of Congress shall open and close their ses- 
sions on the same day ; they shall meet in the same city, and neither 
shall move to any other place, or adjourn for more than three days, 
except by common consent. 

Nor shall thej^ begin to do business without two thirds of the total 
number of their members being present, or continue their sessions 
without the attendance of an absolute majority. 

Art. 55. Each house shall be the judge of the election of its respec- 
tive members and shall also pass upon their resignations. No senator 
or representative shall be expelled from the house to which he be- 
longs, except upon grounds previously determined, and the concur- 
rence of at least two thirds of the total number of its members. 

Art. 56. Each house shall frame its respective rules and regula- 
tions, and elect from among its members its president, vice-presidents 
and secretaries. But the president of the Senate shall not discharge 
his duties as such, except in case the Vice-President of the Republic 
is absent or acting as President. 

SECTION V. CONGRESS AND ITS POWERS. 

Art. 57. Congress shall assemble, without necessity of previous 
call, twice in each year, each session to last not less than forty work- 
ing days. The first session shall begin on the first Monday in April 
and the second on the first Monday in November. 

It shall meet in extra session in such cases and in such manner as 
may be provided by its rules and regulations and when called to con- 
vene by the President of the Republic in accordance with the pro- 
visions of this Constitution. In both cases it shall only consider the 
express object or objects for which it assembles. 

Art. 58. Congress shall meet in joint session to proclaim, after 
counting and verifying the electoral vote, the President and Vice- 
President of the Republic. 

In this case the president of the Senate, and in his absence the presi- 
dent of the Chamber of Representatives, as vice-president of the 
Congress, shall preside over the joint meeting. 

If upon counting the votes for President it is found that none of 
the candidates has an absolute majority of votes, or if the votes are 
equally divided, Congress, by the same majority, shall elect as Presi- 



CUBA. 161 

dent one of the t^Yo candidates havintr ol)tained the greatest number 
of votes. 

Should more than two candidates receive the highest number of 
votes — no one obtaining an absoUite majority — two or more having 
secured the same number. Congress shall elect from said candidates. 

If the vote of Congress is equally divided another vote shall be 
taken ; and if the result of the second vote is the same, the president 
shall cast the deciding vote. 

The method established in the preceding number shall be also 
employed in the election of Vice-President of the Republic. 

The counting of the electoral vote shall take place prior to the 
expiration of the presidential term. 

Art. 59. Congress shall have the following powers: 

1. To enact the national codes and the laws of a general nature: 
to determine the rules that shall be observed in the general, provincial 
and municipal elections; to issue orders for the regulation and organ- 
ization of all services pertaining to the administration of national, 
provincial and municipal government ; and to pass all other laws and 
resolutions Avhich it may deem proper relating to other matters of 
public interest. 

2. To discuss and approve the budgets of the revenues and ex- 
penses of the government. The said revenues and expenses, except 
such as will be mentioned hereafter, shall be included in annual 
budgets which shall be available only during the year for whicli they 
shall have been approved. 

The expenses of Congress, those of the administration of justice 
and those required to meet the interest and redemption of loans shall 
have, the same as the revenues with which they have to be paid, the 
character of permanent and shall be included in a fixed budget wdiich 
shall remain in force until changed by special laws. 

3. To contract loans, with the obligation. hoAvever, of providing 
j^ennanent revenues for the payment of the interest and redemption 
thereof. 

All measures relating to loans shall require the vote of two thirds 
of the total number of the members of each house. 

4. To coin money, fixing the standard, weight, value and denomi- 
nation thereof. 

."■). To regulate the system of weights and measures. 

(). To make provisions for regulating and developing internal 
and foreign commerce. 

7. To regulate the services of communications and ^ railroads, 
roads, canals and harbors, creating those required by public con- 
venience. 

^ The Diario de Sesiones and El Libro del ciudadano cubano has " of railway com- 
niunications.'' 



162 CONSTITUTIONS OF THE STATES AT WAR. 

8. To levy such taxes and imposts of national character as may 
be necessary for the needs of the government. 

9. To establish rules and proceedings for obtaining naturali- 
zation. 

10. To grant amnesties. 

11. To fix the strength of the land and naval forces and provide 
for their organization. 

12. To declare war and approve treaties of peace negotiated by 
the President of the Republic. 

13. To designate, b}^ means of a special law, the official who shall 
act as President of the Republic in case of death, resignation, re- 
moval, or supervenient inability of the President and Vice-Presi- 
dent. 

Art. 60. Congress shall not attach to appropriation bills any pro- 
vision tending to make changes or reforms in the legislation or in 
the administration of the government; nor shall it diminish or 
abolish revenues of permanent character without creating at the 
same time new revenues to take their place, except in case that the 
decrease or abolition depend upon the decrease or abolition of the 
equivalent permanent expenses. Nor shall Congress appropriate 
for any service to be provided for in the annual budget a larger 
sum of money than that recommended in the estimates submitted by 
the government; but Congress may by means of special laws create 
new services and reform or give greater scope to those already 
existing. 

SECTION VI. INITIATIVE. PREPARATION, APPROVAL AND PROMULGATION 

OF LAWS. 

Art. 61. The right to initiate legislation is vested Avithout distinc- 
tion in both houses of Congress. 

Art. 62. Every bill passed by the two houses and every resolu- 
tion of the same which has to be executed by the President of the 
Republic shall be submitted to him for approval. If they are ap- 
proved, they shall be signed at once by the President. If they are 
not approved, they shall be returned by the President, with his objec- 
tions, to the house in which they originated, which shall enter said 
objections upon its journal and engage again in the discussion of 
the subject. 

If after this new discussion two thirds of the total number of the 
members of the house vote in favor of the bill or resolution as origi- 
nally passed, the latter shall be referred' with the objections of the 
President, to the other house, where it shall be also discussed, and 
if the measure is approved there by the same majority it shall be- 
come a law. In all these cases the vote shall be by yeas and nays. 



CUBA. 163 

If within ten working days immediately following the sending 
of the bill or resolution to the President, the latter fails to return 
it, it shall be considered approved and shall become law. 

If within the last ten days of a session of Congress a bill is sent 
to the President of the Republic, and he wishes to take advantage of 
the whole time granted him in the foregoing paragraph for the 
purposes of approval or disapproval, he shall acquaint the Congress 
with his desire, so as to cause it to remain in session, if it so wishes, 
until the end of the ten days. The failure by the President to do 
so shall cause the bill to be considered approved and become a law. 

No bill totally rejected by one house shall be discussed again in 
the same session. 

Art. G3. Every law shall be promulgated within ten days next fol- 
lowing its approval by either the President or the Congress, as the 
case may be, under the provisions of the preceding article. 

Title YII. — The Executive Power. 

section i. the exercise of the executive power. 

Art. 64. The executive power ^ shall be vested in the President of 
the Republic. 

SECTION II. THE PRESIDENT OF THE REPUBLIC, HIS POWERS AND DUTIES. 

Art. 65. To be President of the Republic it is required : 

1. To be a Cuban by birth or naturalization, and in the latter 
case to have served in the Cuban armies in the wars of independence 
for at least ten years. 

2. To be over 40 years of age. 

3. To be in the full enjoyment of civil and political rights. 
Art. 66. The President of the Republic shall be elected by presi- 
dential electors on the same da}^, in the manner provided by law. 

The term of office shall be four years, and no one shall be President 
for three consecutive terms. 

Art. 67. The President, before entering on the discharge of the 
duties of his office, shall take oath or affirmation before the Supreme 
Court of Justice to faithfully discharge his duties and comply and 
cause others to comply wath the Constitution and the laws. 

Art. 68. The President of the Republic shall have the following 
powers and duties : 

1. To approve and promulgate the laws, and to obey and cause 
others to obey their provisions. To enact, if Congress has not done 
so, such rules and regulations as may be necessary for the proper 

' Organic Law (on the executive power) of 26 January 1909. 



164 CONSTITUTIONS OF THE STATES AT WAR. 

execution of the laws ; and to issue all orders or decrees which may be 
conducive to the same purpose or to any other purposes of govern- 
ment and the administration thereof in the Republic, provided that 
in no case the said orders or decrees are at variance with the provi- 
sions of the law. 

2. To call Congress, or the Senate alone, to meet in extra session 
in the cases set forth in the Constitution, or when in his opinion the 
meeting may be necessary. 

3. He shall adjourn Congress, when no agreement can be reached 
between the two houses on the question of adjournment. 

4. To transmit to Congress at the beginning of each session, and 
whenever he may deem it advisable, a message relating to the acts of 
his administration, showing the general condition of the affairs of 
the Republic, and recommending the adoption of such laws and 
measures as he may deem necessary or advisable. 

5. To submit to Congress through either one of the houses, 
before 15 November, a draft of the annual budget. 

6. To furnish Congress all the information desired by it on every 
matter of business which does not require secrecy. 

7. To conduct all diplomatic negotiations and conclude treaties 
with foreign nations, provided that these treaties be submitted for 
approval of the Senate, without which requisite they shall be neither 
valid nor binding upon the Republic. 

8. To freely appoint and remove the secretaries of State, giving 
Congress information of his action. 

9. To appoint, with the approval of the Senate, the Chief Justice 
and the associate justices of the Supreme Court, and the diplomatic 
and consular agents of the Republic. If the vacancy occurs at a 
time in which the Senate is not in session, he shall have power to 
make the appointment of said functionaries ad interim. 

10. To appoint all other public officers recognized bj^ law, whose 
appointment is not entrusted to some other authority. 

11. To suspend the exercise of the rights enumerated in Article 
40 of the Constitution in the cases and in the manner set forth in 
Articles 41 and 42. 

12. To suspend the resolutions passed by the provincial and 
municipal councils in the cases and in the manner set forth in this 
Constitution. 

13. To order the suspension of the governors of provinces in case 
they exceed their powers or violate the laws; but in these cases he 
shall report the fact to the Senate, in the manner and form deter- 
mined by law, for such action as may be proper. 

14. To prefer charges against the governors of provinces in the 
cases set forth in No. 3 of Article 47. 



CUBA. 165 

15. To «>:rant pardons accordiiifj to the provisions of law. except 
in the case of public functionaries convicted for wrongs done in the 
exercise of their functions. 

16. To receive diplomatic representatives and admit consular 
agents of other nations. 

17. To dispose of the land and sea forces of the Republic as 
commander-in-chief of the same. To provide for the defense of the 
national territory, reporting to Congress what he may have done on 
the subject. To provide for the preservation of peace and public 
order in the interior of the country. If there is danger of invasion, 
or of any rebellion breaking out and gravely threatening the public 
safety. Congress not being in session at the time, the President shall 
call it to convene without delay for such action as may be deemed 
proper. 

Art. 69. The President shall not leave the territory of the Republic 
without the permission of Congress. 

Art. 70. The President shall be responsible before the Supreme 
Court for the common offenses he may commit during his term of 
office, but he shall not be prosecuted without previous permission of 
the Senate. 

Art. 71. Tlie President shall receive from the State a salary which 
may be changed at any time, but the change shall not go into effect 
until the next following presidential term. 

Title VIII. — The Vice-President or the Republic. 

Art. 72. There shall be a Vice-President of the Republic, who shall 
be elected in the same manner and for the same period of time as the 
President, and jointly with him. To be Vice-President the same 
qualifications set forth in this Constitution to be President shall be 
lequired. 
"Art. 73. The Vice-President of the Republic shall be the president 
of the Senate, but he shall vote only in case that the votes of the 
senators are equally divided. 

Art. 74, In case of temporary or permanent absence of the Presi- 
dent of the Republic, the Vice-President shall act in his place. If the 
absence is permanent, the Acting President shall continue in office 
until the end of the presidential term. 

Art. 75. The Vice-President shall receive from the State a salary 
which may be changed at any time, but the change shall not go into 
effect until the next following presidential term. 

Title IX. — The Secretaries of State. 

Art. 76. For the transaction of the executive business, the Presi- 
dent of the Republic shall have as many secretaries of State as the 
law may determine, and no one shall be a secretary of State who 



166 CONSTITUTIONS OF THE STATES AT WAE. 

is not a Cuban citizen in the full enjoyment of his civil and political 
rights. 

Art. 77. All decrees, orders and decisions of the President of the 
Republic shall be countersigned by the secretary of State to whom 
the matter corresponds. Without this signature no decree, order or 
decision of the President shall have binding force nor shall it be 
obeyed. 

Art. 78. The secretaries of State shall be personally responsible for 
the measures signed by them, and jointly and severally for the meas- 
ures agreed upon or authorized by them at a cabinet meeting. This 
responsibility does not exclude the personal and direct responsibility 
of the President of the Republic. 

Art. 79. The secretaries of State shall be impeachable before the 
Senate by the Chamber of Representatives in the cases mentioned in 
No. 2 of Article 47. 

Art. 80. The secretaries of State shall receive from the State a 
salary which may be changed at any time, but the change shall not go 
into effect until the next following presidential term. 

Title X. — The Judicial Power. 

SECTION I. THE EXERCISE OF THE JUDICIAL POWER. 

Art. 81. The judicial power ^ is vested in a Supreme Court of Jus- 
tice and in all the other tribunals which may be established by law. 
The law shall regulate the respective organization and powers of 
these tribunals, the manner of exercising their powers, and the quali- 
fications required of the judicial functionaries. 

SECTION II. — -THE SUPREME COURT OF JUSTICE. 

Art. 82. To be Chief Justice or associate justice of the Supreme 
Court it is required : 

1. To be a Cuban by birth. 

2. To be over 35 years of age. 

3. To be in the full enjoyment of civil and political rights, and 
not to have been condemned to any corporal punishment for common 
offenses. 

4. To have in addition to the foregoing qualifications any one of 
the following: 

To have practiced in Cuba, during ten years at least, the profes- 
sion of lawyer ; or have discharged for the same length of time judi- 
cial functions ; or have taught law for the same number of years in 
an official establishment. 

1 Organic Law (on the judicial power) of 27 January 1909. 



CUBA. 167 

The followino" persons are also eligible for the positions of Chief 
Jnstice or associate justices of the Supreme Court, even if not having 
the (jualifications set forth in Nos. 1, 2 and 8 of this article: 

a. Those who have served in the judiciary for the time deter- 
mined by law in a position of equal or immediately inferior category. 
/>. Those who, previous to the promulgation of this Constitution, 
served as justices of the Supreme Court of the Island of Cuba. 

The time of service in the judiciary shall be computed as time of 
practice of law for the purpose of qualifying the lawyers to be 
appointed justices of the Supreme Court. 

Art. 83. The Supreme Court shall have the following attributions, 
in addition to those already vested or hereafter to be vested in it: 

1. To take cognizance of cases on a writ of error. 

2. To decide conflicts of jurisdiction between courts immediately 
inferior to it, or not having a common superior. 

3. To take cognizance of the cases to which the State on the one 
side and the provinces or municipalities on the other are parties. 

4. To decide as to the constitutionality of the laws, decrees and 
regulations when a question to that effect is raised by any party. 

SECTION III. GENERAL RULES REGARDING THE ADMINISTRATION OF 

JUSTICE. 

Art. 84. Justice shall be administered gratuitously throughout the 
entire territory of the Republic. 

Art. 85. The courts shall take cognizance of all cases, whether 
civil, criminal, or between the government and private parties. 

Art. 86. No judicial commissions or extraordinary tribunals, no 
matter under what name, shall ever be created. 

Art, 8T. No functionary of the judicial order shall be suspended or 
removed from his office except for crime or some other grave cause, 
fully proven, and always after being heard. Nor shall he be trans- 
ferred without his consent to any other place, unless it is for the 
manifest benefit of the public service. 

Art. 88. All judicial functionaries shall be personally responsible, 
in the manner and form determined by law, for the violations of law 
which they may conmiit. 

Art. 80. The salaries of judicial functionaries shall not be changed 
except at the end of periods of more than five years, and by means 
of a law. The law, hoAvever, shall not give different salaries to posi- 
tions whose rank, category and functions are equal. 

Art. 90. The courts for the forces of land and sea shall be governed 
b}' a special organic law.^ 

' Code of Military Procedure of 27 January 1909. 



168 CONSTITUTIONS OF THE STATES AT WAE. 

Title XI. — The Provincial Government. 

SECTION I. GENERAL PROVISIONS. 

Art. 91. A province consists of the municipal districts established 
within its limits. 

Art. 92. Each province shall have a governor and a provincial 
council elected directly by the people, in the manner and form estab- 
lished by law.^ 

The number of councilors in each province shall not be less than 
eight nor more than tAventy. 

SECTION II. THE PROVINCIAL COUNCILS AND THEIR ATTRIBUTIONS. 

Art. 93. The provincial councils shall have power : 

1. To resolve upon matters concerning the provinces which, 
under the Constitution, treaties or laws, are not within the general 
jurisdiction of the State or the exclusive jurisdiction of the mu- 
nicipal councils. 

2. To frame the budget of their expenses, providing at the same 
time for the necessary revenue to meet them, provided that this is 
done in a manner not inconsistent with the system of taxation 
adopted by the State. 

3. To contract loans for public works of provincial interest, pro- 
vided that at the same time sufficient revenue is raised to meet the 
payment of interest and principal when due. 

"^Such loans shall not be carried into effect unless they are ap- 
l^roved by two thirds of the municipal councils of the provinces. 

4. To impeach before the Senate the governor of their respective 
province, in the cases set forth in No. 3 of Article 4T. Avhen two thirds 
of the total number of provincial councilors decide in secret session 
that this should be done. 

5. To appoint and remove, according to law, the provincial em- 
ployees. 

Art. 94. The provincial councils shall have no power to diminish 
or abolish revenue of permanent character without creating at the 
same time some other revenue to take its place, except in case that 
the decrease or suppression are due to the decrease or suppression of 
equivalent permanent expenses. 

Art. 95. The resolutions of the provincial councils shall be sent to 
the governor of the province. If approved, they shall be signed by 
him; if not, they shall be returned with his objections to the council, 
wherein the subject shall be again discussed. If after the second 
discussion the resolution is approved by two thirds of the total 
number of councilors it shall become a laAv. 

^ Organic Law (on provinces) of 2 June 1908. 



CUBA. 169 

If the governor does not return the resohition within ten daj^s from 
the date of reference, it shall be considered approved and shall 
become a law. 

Art. 96. The resolutions of the provincial councils may be sus- 
pended by the governor of the province or by the President of the 
Republic, whenever, in their opinion, they are contrary to the Consti- 
tution, the laws, or any resolutions passed by the municipal councils 
in due exercise of their functions; but the right to take cog-nizance of 
and pass upon the claims which may arise out of the said suspension 
shall be reserved to the courts of justice. 

Art. 97. Neither' the provincial councils nor any section or com- 
mittee, selected from their members or from persons not members 
thereof, shall intervene in matters belonging to any class of elections^ 

Art. 98. The provincial councilors shall be personally responsible 
before the courts in the manner determined by law for whatever may 
be done by them in the exercise of their functions. 

section III. THE GOVERNORS OF PROVINCES AND THEIR ATTRIBUTIONS. 

Art. 99. The governors of provinces shall have the following 
powers : 

1. To comply and cause others to comply, as far as their prov- 
inces are concerned, with the laws, decrees and general rules and 
rerzulations of the nation. 

2. To publish such resolutions of the provincial councils as have 
force of law, and comply and cause others to comply with them. 

3. To issue orders, instructions and rules for the proper execu- 
tion of the resolutions of the provincial council, if the latter has not 
done so already. 

4. To call the provincial councils to convene in extra session 
whenever in his own judgment the same may be necessary. The 
subjects to be discussed in this session shall be set forth in the call. 

5. To suspend the resolutions of the provincial and municipal 
councils in the cases set forth in this Constitution. 

G. To order the suspension of maj^ors, in case they have exceeded 
their powders, violated the Constitution or the laws, acted in contra- 
vention to the resolutions of the provincial councils, or failed to do 
their duty. The suspension shall be reported to the provincial coun- 
cil in the manner and form established by law. 

7. To appoint and remove the employees of their offices in the 
manner provided by law. 

Art. 100. The governors shall be responsible before the Senate in 
the cases set forth in this Constitution, and before the courts of jus- 
tice, according to the provisions of the law, in all other classes of 
offenses. 

88381—19 12 



170 COlSrSTITUTIONS OF THE STATES AT WAR. 

Art. 101. The governors shall receive from the provincial treasury 
a salary which may be changed at any time, but the change shall 
not take effect until after the election of a new governor is held. 

Art. 102. In case of temporary or permanent vacancy of the posi- 
tion of governor of the province, the president of the provincial coun- 
cil shall act in his place. If the vacancy is permanent, the acting 
governor shall continue in the discharge of his duties as ,such until 
the end of the term. 

Title XII. — The MLT^IGIPAL GovernmejS't. 

SECTION I. GENERAL PROVISIONS. 

Art. 103. The municipal districts shall be governed by municipal 
councils, consisting of aldermen or councilors directlj'- elected by the 
people, in the number and in the manner provided by law.^ 

Art. 104. There shall be in each municipal district a mayor elected 
by the people by direct vote in the manner and form established by 
law. 

SECTION II. THE MUNICIPAL COUNCILS AND THEIR ATTRIBUTIONS. 

Art. 105. The municipal councils shall have power : 

1. To resolve on all matters exclusively relating to their own 
municipal districts. 

2. To prepare the budget of their expenses, providing at the same 
time the necessary revenue to meet them, on condition, however, that 
this is done in a manner consistent with the general system of 
taxation of the Republic. 

3. To resolve on the negotiation of loans, providing at the same 
time the permanent revenue necessary to meet the interest and 
principal when due. 

In order that these loans may be carried into effect, they shall 
have to be approved by two thirds of the electors of the municipal 
district. 

4. To appoint and remove the municipal employees in the man- 
ner established by law. 

Art. 106. The municipal councils shall not decrease or suppress 
any revenues of permanent character without establishing at the 
same time some other revenues which may take their place, except 
in case the decrease or suppression is due to the decrease or suppres- 
sion of the equivalent permanent expense. 

Art. 107. The resolutions of the municipal councils shall be re- 
ferred to the mayor. If approved by him, they shall be authorized 
with his signature; if not, they shall be returned with his objections 

1 Organic Law (on municipal districts) of 29 May 1908. 



CUBA. 171 

to the municipal council, wherein they shall be again discussed. If. 
after a second discussion, two thirds of the total number of coun- 
cilors vote in favor of the resolution, it shall become a law. 

When the mayor does not return the resolution, within ten days 
after the date of reference, it shall be considered approved and 
become a law. 

Art. 108. The resolutions of the municipal councils may be sus- 
pended by the mayor, the governor of the province, or the President 
of the Republic, when in their opinion they are contrary to the Con- 
stitution, the treaties, the laws, or the resolutions passed by the 
provincial councils within the sphere of their powers. But the right 
to take cognizance and pass upon the claims which may arise out of 
said suspension shall be reserved to the courts of justice. 

Art. 109. The members of the municipal councils shall be per- 
sonally responsible before. the courts of justice, in the manner and 
form established by law, for the acts done by them in the per- 
formance of their duties. 

SECTION III. THE MAYORS AND THEIR ATTRIBUTIONS AND DUTIES. 

Art. 110. Mayors shall have power: 

1. To publish such resolutions of the municipal councils as may 
have force of law, and execute and cause the same to be executed. 

2. To administer the municipal affairs, issuing orders and in- 
structions as Avell as rules for the better execution of the resolutions 
of the municipal councils, whenever the latter ma}^ fail to do so. 

3. To appoint and remove the employees of their respective 
offices in the manner provided by law. 

Art. 111. Mayors shall be personally responsible before the courts 
of justice, in the manner prescribed by law, for all acts performed 
by them in the discharge of their functions. 

Art. 112. Each mayor shall receive a salary, to be paid by the 
municipal treasury, which may be changed at any time; but such 
change shall pot take effect until after a new election for mayor has 
been held. 

Art. 113. In case of vacancy, either temporary or permanent, of 
the office of mayor, the president of the municipal council shall act 
as mayor. 

Should the absence be permanent, the substitute shall act until 
the end of the term for which the mayor was elected. 

Title XIII. — -The National Treasury. 

Art. 111. All property existing within the territory of the Repub- 
lic not belonging to provinces, municipalities or private individuals 
or corporations shall belong to the State. 



172 CONSTITUTIONS OF THE STATES AT WAK. 

Title XIV. — Amendments ro the Constitution. 

Art. 115. The Constitution shall not be amended, in whole or in 
part, except by resolution passed hj two thirds of thei total number 
of members of each house of Congress. 

Six months after the resolution to amend the Constitution has 
been passed, a Constitutional Convention shall be called to assemble, 
for the exclusive and specific purpose of either approving or reject- 
ing the amendment. Each house shall, in the meantime, continue 
to perform its duties with absolute independence of the Convention. 

Delegates to the said Convention shall be elected by each province 
at the rate of one for every 50,000 inhabitants, in the manner that 
may be provided by law. 

TRANSITORY PROVISIONS. 

First. The Republic of Cuba does not recognize any other debts 
or obligations than those legitimately contracted in favor of the 
revolution by commanders of bodies of the liberating army, subse- 
quent to 24 February 1895 and prior to 19 September of the same 
year, on which date the Jimaguayu Constitution was promulgated; 
and the debts and obligations contracted afterwards by the revolu- 
tionary government, either by itself or through its legitimate repre- 
sentatives in foreign countries. Congress shall examine said debts 
and obligations and decide upon the payment of those which are 
found legitimate. 

Second. Persons born in Cuba, or children of native-born Cubans, 
who, at the time of the promulgation of this Constitution, are citi- 
zens of any foreign nation, shall not enjoy the rights of Cuban 
nationality without first renouncing expressly their foreign citi- 
zenship. 

Third. The time of service of foreigners in the wars of independ- 
ence of Cuba shall be counted as time of naturalization and resi- 
dence, for the acquisition of the right granted to naturalized citi- 
zens in Article 49. 

Fourth. The basis of population established in relation to the 
election of representatives in Congress, and of delegates to the Con- 
stitutional Convention, in Articles 48 and 115, may be changed by 
law, whenever, in the judgment of Congress, the change becomes 
necessary through the increase in the number of inhabitants, shown 
by censuses to be periodically taken. 

Fifth. At the time of the first organization of the Senate, the 
senators shall be divided into two groups for the purpose of their 
renewal. 

Those forming the first group shall cease in their duties at the 
expiration of the fourth year, and those forming the second group 



CUBA. 173 

at the expiration of the eighth year. It shall be decided by lot which 
of the two senators from each province shall belong to either group. 

The law shall provide the method to be followed in the formation 
of the two groups into which the Chamber of Representatives shall be 
divided for the purpose of its partial renewal. 

Sixth. Ninety days after the promulgation of the electoral law, 
which shall be framed and adopted by the Constitutional Convention, 
an election shall be held of the public functionaries provided by the 
Constitution, to whom the transfer of the government of Cuba, in 
conformit}^ with the provisions of Order No. 301 of Headquarters, 
Division of Cuba, dated 25 July 1900, is to be made. 

Seventh. All laws, decrees, regulations, orders and other provi- 
sions which may be in force at the time of the promulgation of this 
Constitution shall continue to be observed, in so far as they do not 
conflict with the said Constitution, until legally revoked or amended. 

APPENDIX OF 12 JUNE 1901.^ 

[Preamble.] 

The Constitutional Convention, acting in conformity with the 
order of the Military Governor of the Island, of 25 July 1900, by 
which it was called to assemble, resolves to attach, and does hereby 
attach to the Constitution of the Republic of Cuba adopted on 21 
February ultimo, the following Appendix. 

Article 1. The government of Cuba shall never enter into any 
treaty or other compact with any foreign power or powers which 
will impair or tend to impair the independence of Cuba, nor in any 
way authorize or permit any foreign Power or Powers to obtain by 
colonization or for military or naval purposes, or otherwise, lodg- 
ment in or control over any portion of said island. 

Art. 2. That said government shall not assume or contract any 
public debt to pay the interest upon which, and to make reasonable 
sinking-fund provision for the ultimate discharge of which, the 
ordinary revenues of the island, after defraying the current expenses 
of government, shall be inadequate. 

Art. 3. That the government of Cuba consents that the United 
States may exercise the right to intervene - for the preservation of 
Cuban independence, the maintenance of a government adequate for 
the protection of life, property and individual liberty, and for dis- 
charging the obligations with respect to Cuba imposed by the Treaty 
of Paris on the United States, now to be assumed and undertaken 
by the government of Cuba. 

^ See above, p. 151, note 4. 

2 This right was exercised in August 1906, when an insurrection broke out, the pro- 
visional government being undertaken by a United States Commission, which relinquished 
its office on 24 January 1909. » 



174 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 4, That all acts of tlie United States in Cuba during its 
military occuj^ancy thereof are ratified and validated, and all lawful 
rights acquired thereunder shall be maintained and protected. 

Art. 5. That the government of Cuba will execute, and, as far 
as necessary, extend the plans already devised, or other plans to be 
mutually agreed upon, for the sanitation of the cities of the Island, 
to the end that a recurrence of epidemic and infectious diseases may 
be prevented, thereby assuring protection to the people and com- 
merce of Cuba, as well as to the commerce of the southern ports of 
the United States and the people residing therein. 

Art. 6. That the Isle of Pines shall be omitted from the pro- 
posed constitutional boundaries of Cuba, the title thereto being left 
to future adjustment bj^ treaty. 

Art. 7. That to enable the United States to maintain the in- 
dependence of Cuba, and to protect the people thereof, as well as for 
its own defense, the government of Cuba will sell or lease to the 
United States lands necessary for coaling or naval stations, at cer- 
tain specified points, to be agreed upon with the President of the 
United States.^ 

Art. 8. That, by way of further assurance, the government of 
Cuba will embody the foregoing provisions in a permanent treaty 
with the United States.^ 

^ Under treaties signed 2 July 1903, the United States has coaling stations in the 
Bay of GuantSnamo and Bahia Honda, for which $2,000 is paid annually. 
2 See above, p. 151, note 3. 



EGYPT. 

On 13 February 1841 (21 Dulkaada 1256), Egypt became the 
hereditary possession of the Sultan of the Ottoman Empire. In 
18G6 and 1867 imperial firmans extended the attributions of the 
Khedive so as to give him absolute power to do whatever was neces- 
sary for the internal administration of Egypt. An Assembly was 
established to deliberate upon the domestic interests of the country 
and a regulation in 61 articles determining the attributions of the 
Assembly was promulgated by the Khedive 20 November 1866.^ In 
1883 the British government undertook the political and administra- 
tive reorganization of the country and on 1 May an Organic Law 
was promulgated by the Khedive creating a number of representative 
institutions, including a Legislative Council, a General Assembly 
and Provincial Councils.^ But these bodies were mainly consultative 
and the Khedive and his ministers retained most of the legislative 
power. An electoral law in 46 articles was promulgated the same 
date (24 Jornada I 1300) . These two laws were replaced ^ in July 
1913 by the present Organic and Electoral Laws, by which for the 
Legislative Council and General Assembly was substituted a new 
body called the Legislative Assembly.* 



ORGANIC LAW OF 21 JULY 1913.^ 

[Preamble.] 

We, Khedive of Egypt, 

Whereas it is Our desire to endow Our country with an enlightened 
system of government, which, w^hile assuring good administration, 
the protection of the liberty of the individual and the development 
of progress and civilization, shall be specially adapted to the country ; 

1 French text in Staatsarchiv, 41 (no. 7741). 

2 French text is in the BrUlsli and Foreign State Papers, 74 : pp. 1095-1103, and F. R. 
Dareste et p. Dareste, Les Constitutions modernes (3d edition, Paris, 1910), vol. ii, 
pp. 346-3o<;!. 

8 See Article 54 below. 

* These introductory paragraphs are based upon Dareste, op. cit., pp. 345-346, and 
The Statesman's Year Book (1918). 

= Translation taken from the British Parliamentary Paper Egypt, No. SA {1913) (Lon- 
don, 1913) [Cd. 6878], which also contains a translation of the Electoral Law of the 
same date. French text with the commentary of (he British Consul-General at Cairo in 
the British and Foreign State Papers, 106 : pp. 917-941. The date of the Khedive's de- 
cree is 1 July 1913 (26 Rajah 1331), but the law did not come into force until 21 July 
(see Article 55). 

175 



176 CONSTITUTIONS OF THE STATES AT WAE. 

Whereas such a result can only be obtained by the loyal cooperation 
of all classes and the coordination of all interests with a view to the 
calm and considered development of a system of government which, 
without being a servile, imitation of Western methods, shall be capa- 
ble of advancing the prosperity of the Egyptian people ; 

And whereas it is consequently Our intention to introduce amend- 
ments into the Organic Law with the object of improving Our legis- 
lative system, substituting for the present Organic Laws, Laws the 
objects of which are the fusion in a single Assembly of the Legislative 
Council and the General Assembly, the adoption of a wider and more 
rational method of election, the increase of the number of representa- 
tives entrusted with a share in the process of legislation, the grant 
to the new Assembly, and the organization of a procedure of con- 
sultation and initiative such as shall enable Our government to profit 
to a greater extent by the opinions and suggestions of the new 
Assembly with reference to the management of the internal affairs of 

Hereby decree : 

Part I. * 

Article 1. There shall be : 

1. A Legislative Assembly ; and 

2. A Provincial Council in each moodirieh.^ 

Part II. — Composition of the Legislative Assembly. 

Art, 2. The Legislative Assembly shall be composed of ex officio 
members, of elected members and of nominated members. 

The ministers shall be ex officio members. 

There shall be sixty-six elected members, one of whom shall be 
elected by the Assembly as vice-president. These members shall be 
elected in accordance with the forms and conditions prescribed by 
the Electoral Law. 

There shall be seventeen nominated members, that is to say, a presi- 
dent, a vice-president and fifteen members, chosen with a view to 
■securing the representation of minorities and interests not repre- 
.-sented by the elected portion of the Assembly. 

The elected and nominated members shall be entitled to an allow- 
ance. 

A decree promulgated at the instance of Our Council of Ministers 
shall determine the composition of the Legislative Assembly after 
the election. 

^ That is, in each province. 



EGYPT. 177 

Art. 3. The seats of the elected members shall be assigned as 
follows : ^ 

Cairo 4 

Alexandria 3 

Gharbieb 7 

Menoufieh 5 

Dakalieli 5 

Beliera 5 

Sliarkieli 5 

Kalioubieli 3 

Gizeh 3 

Beni-Souef 2 

Fayoum 6 

Minieh 4 

Assiut 5 

Girgeb 4 

Kena 4 

Assuan 1 

Port Said and Ismailia 1 

Suez 1 

Damietta 1 

The fifteen members to be nominated by the government shall be 
chosen in such a way as to assure to the different classes of the popu- 
lation a minimum representation in the Assembly according to the 
following table : 

Copts 4 

Arab Bedouins 3 

Business men 2 

Medical men 2 

Engineer 1 

Representative of general or religious education 1 

Representative of the municipalities 1 

Art. 4. The mandate of the nominated and elected members of the 
Legislative Assembly shall last six years. The nominated and elected 
members shall respectively be renewed by thirds every two years. 
The first partial renewal of the General Assembly shall take place 
after a period of two years and the second after a period of four 
years. The selection of the outgoing members shall be made by lot. 
The same rules shall apply in the case of the renewal of the Assembly 
as a whole. 

Art. 5. The members of the Legislative Assembly shall, at the first 
sitting or before acting in their office, take an oath of fidelity to Our 
Person and of obedience to the laws of the land. 

^ The spelling of these proper names has been made to conform to Fiink and Wagnalls 
New Standard Dictionary of the English Language (New York and London, 1915.) 



178 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 6. Except for the cases of forfeiture mentioned in the Elec- 
toral Law, members of the Assembly shall only be deprived of their 
office by decree issued at the instance of Our Council of Ministers 
in pursuance of a resolution passed by the Assembly by a three- 
quarters majority. 

Art. 7. In the case of a seat in the Assembly becoming vacant, a 
new election shall take place or a new member be nominated, as the 
case may be, within three months at the latest. The mandate of the 
new member shall last only until the expiry of the mandate of the 
member whom he replaces. 

Art. 8. The Legislative Assembly may be dissolved by Us at any 
time by decree issued at the instance of Our Council of Ministers. 

In case of dissolution, the new nominations and elections shall take 
place within three months. 

The selection of the members to go out at the first and second 
partial renewals of the new Assembly shall be made by lot. 

Such partial renewals shall always take place in the month of 
January following the completion of the period of two years fixed 
by Article 4. 

Part III. — Powers and Attributions of the Legislative Assembly. 

Art. 9. No law shall be promulgated without having been pre- 
viously submitted to the Legislative Assembly for its opinion. 

All measures respecting the internal affairs of Egypt which relate 
to the organization of authority in the State or affect the civil or 
political rights of the generality of its inhabitants, as well as all 
decrees regulating matters of public administration, shall be con- 
sidered as " laws." 

All other measures may lawfully be taken under decrees promul- 
gated by Us on the advice of Our Council of Ministers. 

Art. 10. No law or decree shall be promulgated without being 
countersigned by the president of the Council of Ministers and the 
ministers concerned. 

Art. 11. The Assembly shall possess the right of initiating legis- 
lation except as concerns the constitutional laws. 

When the Assembly has been seized by one or more of its members 
of a bill, it shall decide at a public sitting whether or not it shall be 
taken into consideration. 

In the case of its being taken into consideration, the proposed text 
shall be submitted to a committee and shall thereafter be examined 
by the Assembly sitting in committee. In the case of approval, the 
bill shall be transmitted to the Council of Ministers. 

If the Council approves the bill, it shall send it back to the As- 
sembly with or without amendments, in order that it may there be 
dealt with according to the usual forms. In the contrary event, the 



EGYPT. 179 

Council of Ministers shall notify the Assembly of the reasons for its 
decision. Such reasons shall not be made the ground of any discus- 
sion. 

In no case shall the bill be discussed by the Assembly at a public 
sitting without having been previously approved by the Council of 
Ministers. 

Art. 12. AVhen the Legislative Assembly is seized by the govern- 
ment of a bill, it may accept it v^^ithout amendment, it may amend it, 
or it may reject it. 

Art. 13. If tlie government does not agree with the Assembly, it 
shall send back the bill, together with a statement of its views. 

The Assembly mny discuss the explanations of the government, and 
if it persists in its disagreement, a conference shall take place between 
the Council of Ministers and the Assembly, sitting in committee. 

Art. 14. If the conference does not result in an agreement, the 
examination of the bill under consideration shall be adjourned for a 
period of fifteen days. At the end of such period the bill shall again 
be submitted to the Assembly, either in its original form, or with such 
alterations as the government considers it advisable to make in it; 
so, nevertheless, that the government shall not depart from the prin- 
ciple of the original bill or from that of the amendments which have 
been introduced into it. 

Art. 15. If after the adjournment provided for in Article 14 the 
Assembly and the government are still in disagreement, the latter 
may either dissolve the Assembly, or may promulgate the law in the 
form in which it last put it forw^ard, or with such modifications as it 
may think right to accept. 

The government shall inform the Assembly of the reasons which 
have led it to disregard the opinion of the Assembly. 

Art. 16. In the event of the dissolution of the Legislative As- 
sembly, under the provisions of Article 15, on account of the con- 
tinuance of disagreement between the government and the Assembly, 
the bill which has given rise to such disagreement may be submitted 
to the new Assembly at its first sitting, and shall in that case take 
precedence of all questions except the budget. The bill thus sub- 
mitted shall be considered as a new bill and shall be examined in the 
ordinary manner. 

Art. 17. No new direct tax, land tax, or personal tax, shall be 
imposed in Egypt Avithout having been discussed and voted by the 
Legislative Assembly. 

Art. 18. The Legislative Assembly shall be asked for its opinion 
as to : 

1. Every public loan. 

2. Every general scheme for the construction or suppression of 
canals, drains, or railways which affects several provinces. 



180 CONSTITUTIONS OF THE STATES AT WAK. 

3. The general classification of the land in the country, from the 
point of view of the land tax. 

The government shall, if the case arises, communicate to the As- 
sembly the reasons for which it has not accepted its opinion. 

Art. 19. The Legislative Assembly may express opinions or pass 
resolutions, either spontaneously or upon a request from the govern- 
ment, relating to matters or bills submitted for its consideration. The 
matters on which the Assembly may spontaneously express opinions 
and pass resolutions as regards the internal affairs of Egypt are 
economic, administrative and financial matters. 

The government shall, if the case arises, communicate to the As- 
serhbly the reasons for which it has not accepted any opinion ex- 
pressed or resolution passed by it. 

Art. 20. The services of the civil list, the tribute, and the public 
debt, and, generally, the charges and obligations resulting from the 
law of liquidation or from international agreements, as well as 
questions concerning foreign Powers and the relations of Egypt with 
them shall not be made the subject of any decision, discussion, obser- 
vation, or representation. 

Questions relating to the nomination, promotion, transfer, prosecu- 
tion, or dismissal of a public servant, or of any person entrusted 
with a public duty, or with any other measure affecting any such 
public servant or persons in his individual capacity, shall equally be 
outside the competence of the Assembly. 

Art. 21. Every resolution passed by the Legislative Assembly 
which is not in conformity with the provisions of the present Law 
shall be null and void. 

Art. 22. The general budget of revenue and expenditure shall be 
communicated to the Legislative Assembly one month at least 
before the end of the financial year. 

The Legislative Assembly may express opinions, submit observa- 
tions, or pass resolutions on any section of the budget except those 
referring to questions mentioned in Article 19. 

Such opinions, observations, or resolutions shall be transmitted 
to the Minister of Finance, who shall, if the case arises, give his 
reasons for the rejection of the suggestions of the Assembly. 

The Legislative Assembly shall have the right to discuss the ex- 
planations thus furnished and to formulate new observations. 

Art. 23. In any event the budget shall be put into force by decree 
issued at the instance of our Council of Ministers five days before 
the end of the financial year at the latest. 

During the month following the publication of the budget, the 
Ministry of Finance shall furnish the Legislative Assembly with 
reasons as to any new observations which have not been accepted. 



EGYPT. 181 

Art. 24. The general accounts of the Department of Finance 
drawn up for the past financial year shall be presented annually to 
the Legislative Assembly for its opinion, observations and criticisms 
four months at least before the introduction of the new budget. 

Art. 25. Every Egyptian may address Us by petition. 

Such petitions shall be forw^arded to the president of the Legis- 
lative Assembly and shall after examination by the Assembly be 
rejected or taken into consideration. 

All petitions which are taken into consideration shall be sent, for 
such action as the case may call for, to the minister concerned, who 
shall inform the Assembly of the action taken. 

Art. 27. The members of the Legislative Assembly shall be en- 
titled to put questions to ministers with regard to administrative 
matters of general interest, subject to the following conditions: 

1. They shall at least five days in advance send to the secre- 
tariat of the Legislative Assembly a written notice containing the 
entire text of the question. 

Nevertheless, in case of urgency, and with the approval of the 
president of the Assembly and of the minister concerned, a question 
may be put after twenty-four hours' notice in writing. 

2. The president of the Legislative Assembly, sitting with the 
two vice-presidents, shall reject or return for modification any ques- 
tion which in his opinion contains improper expressions or personal 
attacks, or is of a nature to provoke animosity between the different 
elements of the population, as also any question affecting the rela- 
tions and arrangements with the Powers. 

Art. 28. The ministers or their representatives shall reply to the 
questions thus asked; they may, nevertheless, refuse to reply to a 
question if they consider that to do so would be contrary to the pub- 
lic interest. 

Art. 29. The replies of the ministers or of their representatives 
shall not be made the subject of any discussion. Nevertheless, the 
members of the Assembly shall have the right, with the approval of 
the president, of putting supplementary questions, but only with a 
view^ to elucidating points raised by the ministerial reply. 

Part IV. — The Procedure or the Legislative Assembly. 

Art. 30. The Legislative Assembly shall meet annually on 1 No- 
vember, and shall continue its session till the end of May the follow- 
ing year. 

It may also be summoned by Us whenever circumstances require it 
to meet. 



182 CONSTITUTIONS OF THE STATES AT WAR. 

Neither ordinary nor extraordinary sessions shall terminate until 
the Legislative Assembly has communicated to the government its 
opinion on all the questions submitted to it. 

Art. 31. Ministers shall have the right to be assisted or represented 
for special matters by high officials of their department. 

Art. 32. The sittings of the Legislative Assembly shall be public, 
subject to the provisions of such standing orders as the Assembly 
shall pass with respect thereto. 

Conferences with the Council of Ministers and meetings of the 
Assembly when sitting in committee shall not be public. 

Art. 33. The Legislative Assembly can not take valid decisions 
unless two thirds at least of its members, excluding those on regular 
leave of absence, are present. 

Except when a three-quarters majority is required, resolutions 
shall be passed by majority of votes. 

When the votes are equally divided, the president shall have a 
casting vote. 

Votes shall not be given by proxy. Voting shall be open, unless 
the Assembly decides in the public interest that it shall be by ballot. 

Art. 31. The president of the Legislative Assembly shall appoint 
the staff required for the despatch of the business of the Assembly. 

Part V. — Attributions of Provincial Councils. 

Art. 35. — a. The Provincial Council may vote temporary taxes in 
the moodirieh to cover expenditure for public purposes, including 
education. 

It may assign the whole of these taxes to education. Within a 
limit of 5 per cent, of the whole total of the land tax in the moodi- 
rieh, the decision of the Council shall be final, both with regard to 
its imposition and to its allocation, and shall form the subject of a 
decree. 

In the event of the Council exceeding this limit, its decision as 
regards the excess shall not be final until it has been approved b}^ the 
government and sanctioned by decree. 

The rules regarding public money shall apply to the levy, safe- 
keeping and expenditure of the proceeds of the taxes in question. 

The Council shall have the right to control the expenditure of all 
that portion of the proceeds of which it has not disposed directly, 
whether by virtue of the present Law or some other law. 

6. Except as provided for in the annual budget, which shall be 
voted by the Council for a period of twelve months, commencing on 
1 January, and be approved by the Minister of the Interior, no pay- 
ment out of the funds destined to be spent directly by the Council 



EGYPT. 183 

shall be made without the special authority of the Minister of the 
Interior. 

('. The Ministry of Finance has the right to inspect and verify 
the accounts of the Provincial Councils. 

d. The Council may, through its president, demand from the 
public services of the moodirieh full information on the subject of 
the work for which they are responsible. 

Art. 36, Independently of the attributions conferred on it by the 
express provisions of the present Law or of any other law, the Coun- 
cil may be consulted by the moodir or by any minister on any ques- 
tion as to which the moodir or minister thinks it expedient to obtain 
its opinion. The Council may, further, submit spontaneously to the 
moodir, or through the latter to any minister, or to the Council of 
Ministers, representations on the subject of the general needs of the 
province, and notably on the subject of agriculture, irrigation, means 
of communication, public security, public health and education. 

Nevertheless : 

a. The Provincial Council shall not be competent to take cogni- 
zance of any question coming within the scope of the local commis- 
sions or of the mixed local commissions set up in the moodirieh, 

6. The Provincial Council shall not deliberate on the appoint- 
ment, transfer, discipline, or dismissal of public servants. 

Art. 37. — 1. The preliminary opinion of the Provincial Council 
shall be necessary as to the following questions : 

(1) The alteration of the boundaries of the moodirieh; 

(2) The establishment or suppression of a local connnission 
within the moodirieh; 

(3) The establishment, transfer, or suppression of government 
schools or hospitals and public cemeteries; 

(4) The purchase, sale, exchange, construction, repairing, or 
change in the purpose for which buildings and immovable property 
belonging to the State in the moodirieh are used ; 

(5) The application of a law to a bandar or village in the 
moodirieh or the decision to apply it no longer; 

(6) The regulation of the application of a law in a bandar or 
village in the moodirieh; 

(7) Alterations in administrative and judicial circumscrip- 
tions in the moodirieh; 

(8) Alterations in the boundaries of the bandars or villages; 
the creation of new villages; the suppression of villages existing in 
the moodirieh; 

(9) The construction of agricultural railways in the moodirieh 
and the fixing of their route; 

(10) The grant of concessions in the moodirieh either to com- 
panies or private individuals. 



184 CONSTITUTIONS OF THE STATES AT WAE. 

2. The consent of the Provincial Council shall be obligatory as 
regards the following measures, before any steps are taken to exe- 
cute them : 

a. The promulgation, modification, or abrogation by the moodir 
of a local regulation, whether for the whole or a part of the mood- 
irieh, or for certain bandars or villages of the moodirieh. 

h. The application of an order or regulation to a bandar or 
village, or the decision to apply to the order no longer. 

c. The regulation of the application of an order or regulation in 
a bandar or village of the moodirieh. 

Nevertheless, the provisions of Sections «, h and c (supra) shall 
not apply to provisional orders and regulations enacted or applied 
in the case of an epidemic or other circumstances having an urgent 
character. In this case the moodir shall at the first meeting of the 
Council inform it of the reasons for which its consent has been dis- 
pensed with. In the same way the said provisions shall not apply 
to questions coming within the scope of a local commission or of a 
mixed local commission of the moodirieh, or to measures provided 
for by a law on which the Legislative Assembly has expressed its 
opinion. 

Art. 38. There shall be submitted to the Provincial Council for its 
opinion the annual program of the Ministry of Public Works, con- 
cerning the following matters : 

a. The construction of canals and public drains. 

b. The cleaning out of canals and public drains. 

In the case of the Ministry of Public Works judging it neces- 
sary to modify in any way a resolution of the Provincial Council, 
it must consult the Council on the modification. 

c. The rotation of irrigation during low water. 
Nevertheless, the fact of submitting to the Council the program 

of rotation shall not deprive the Ministry of Public Works and its 
agents of the right to modify the order of rotation, in case of 
urgency, without first asking the opinion of the Provincial Council. 
In this case the Council, at its first meeting, shall be informed of the 
reasons which have led to the modification. 

Art. 39. From the coming into force of the present Law, no fair 
or market shall be held at any place in the moodirieh where it was 
not held periodically before this date, unless authority has pre- 
viously been given by the moodirieh, with the consent of the Pro- 
vincial Council. 

Fairs and markets held in breach of the provisions of the present 
article shall be closed by the moodir by administrative service. 

Nevertheless : 

a. The present article shall not be applicable to markets estab- 
lished by virtue of a concession granted before the entering into 
force of the present Law ; 



EGYPT. lb 5 

b. No authorization shall be accorded under the present article 
contrary to the terms of a concession already granted; 

c. No authorization granted under the present article shall dis- 
pense with the obligation to conform with all sanitary or other 
regulations in force in fairs or markets. 

Art. 40. — a. The Provincial Council shall fix, subject to the ap- 
proval of the Ministry of the Interior, the number of ghaffirs neces- 
sary to guard each bandar or village in the moodirieh, except those 
having a local commission or a mixed local commission; it shall also 
determine the different classes of ghaffirs ; 

h. The Council shall fix, under the same conditions, the wages of 
the ghaffirs. taking into consideration the rate of wages current in 
the different parts of the moodirieh; 

G. If, before 1 January of each year the Council has not altered 
the number of ghaffirs in any bandar or village, or the rate of their 
wages, the number of ghaffirs employed in the bandar or village and 
the rate of their wages shall remain the same as in the preceding 
year. 

Nevertheless, the Ministry of the Interior may, after having" 
taken the opinion of the Council, increase the number of ghaffirs in 
an}' bandar or village, if the increase appears to him necessary in the 
interests of public security. 

d. A committee of the Provincial Council shall be appointed an- 
nually to decide without appeal the claiiiis formulated against the 
apportioning between the various dwellings of the sum necessary for 
the maintenance of the ghaffirs in a bandar or village other than 
those possessing a local commission or a mixed local commission. 

Art. 41. — 1. The Provincial Council shall have the following at- 
tributions as regards ezbehs: 

a. No ezbeh shall be constructed in a province without the prior 
authorization of the moodirieh given wnth the assent of the Provin- 
cial Council. 

The Council shall take into consideration the area of the lands 
belonging to the petitioner in the place where the ezbeh has bee a 
constructed, the number of persons employed in the cultivation of 
these lands, the distance between the said lands and any village or 
other locality where lodging could be found and the possibility of 
arranging in a satisfactory manner for the protection of the ezbeh 
without excessive expense. 

Requests for authority to construct an ezbeh must be accom- 
panied by a plan of the spot, a plan of the buildings, and by all 
other information required to enable the Council to arrive at a 
decision, in accordance with the provisions of the present article. 

h. The Council may at any time decide to demolish an ezbeh, 
even an authorized one, if it serves habitually as a refuge for per- 
sons of bad character or if criminals find asylum therein. 
88381—19 13 



186 CONSTITUTIONS OF THE STATES AT WAR. 

c. The Council may decide to demolish any ezbeh constructed 
without authority, either before or after the coming into force of the 
present Law, if the provision of watchmen is too difficult or costly, 
having regard to the number of its inhabitants and their conditions 
of existence. 
Nevertheless : 

a. No decision shall be taken by virtue of paragraphs 6 and c of 
this article until the owner of the ezbeh has been invited to express 
his views before the Council or before a committee of the Council, 
nor without the approval of the Council of Ministers; 

h. No authorization shall be given for the construction of an 
ezbeh within 100 metres of the embankment of the Nile, or a public 
drain, or a cemetery, or within 300 metres of a birket situated to the 
north of the site proposed for the ezbeh or within 200 metres of any 
other birket; 

c. Any refusal to grant authorization shall be subject to an ap- 
peal before the Minister of the Interior. 

2. If an ezbeh has been constructed, or the construction of an ezbeh 
is undertaken, without the authority of the moodir or the Minister 
of the Interior, in the case of appeal the administration may proceed 
to demolish the ezbeh before its completion, or within six months of 
its completion. 

The moodir shall have its demolition proceeded with by adminis- 
trative service. The expenses of demolition shall be recovered from 
the owner of the ezbeh or the owner of the land on which the ezbeh 
was being constructed in the form prescribed by the Decree of 25 
March 1880. 

Art. 42. In addition to the development of elementary education 
(including training in agriculture and handicraft), the Council is 
empowered to supervise the development in the moodirieh of educa- 
tion in all its branches and grades in the following manner : 

a. It may decide to establish or acquire schools in the moodirieh, 
and provide for their management, and shall have all the powers 
necessary for the purpose. 

h. Independently of schools thus established or acquired, the 
Council may equally take over the control of any other school in the 
moodirieh and arrange for its management, provided that the alloca- 
tion of buildings to the needs of education is permanently guaranteed 
and that the effective control of the school is secured to the Council 
by the conditions stipulated in the act of transfer. 

c. In order to establish a uniform system in the whole moodi- 
rieh, the Council may issue regulations and schemes for the manage- 
ment of schools of different categories, besides those established, 
acquired, or managed in conformity with the preceding paragraph; 
it may confer the title of " recognized schools " on schools managed 



EGYPT. 187 

in conformity with the said regidations and the OAvners or managers 
of which submit to the conditions hiid down on the subject. 

d. It may associate with itself four persons at the most, chosen 
from those particularly interested in education in the moodirieh, 
who shall be present to give their advice at the meetings held by the 
Council for the purpose of deciding questions connected with educa- 
tion, and in the case of the institution of a committee for education 
such persons shall be members of it ex o-fjiclo. 

The mandate of the said persons shall be for two years; it is 
renewable. 

e. The Council may set up committees composed of members of 
its own body or of the persons interested in education in the mood- 
irieh. These communities shall be entrusted each with the manage- 
ment of one or more schools. The Council shall define their powers 
itself. 

/. It may accept gifts of money, which are destined, or real 
property, the revenues of which are destined, to the needs of educa- 
tion in the moodirieh generall}' or in stated localities. 

It may also accept subscriptions presented for special objects 
coming within the scope of the Council in matters of education; in 
this case the subscriptions shall be spent in accordance w' ith the 
conditions of the gift. 

(J. Seventy per cent, of the total of the taxes destined for educa- 
tion shall be appropriated by the Council for elementary education, 
including training in agricult\ire and handicraft. The thirty per 
cent, remaining shall be used for the benefit of primarj^ education 
and that of higher grades. 

In the exercise of powers conferred by the present article the 
Council shall observe as far as possible the general principles con- 
tained in any general regulation promulgated by a law or an order 
of the Minister of Public Education. 

Art. -is. The Council shall, within a reasonable period from the 
day on which it was notified thereof, examine any question sub- 
mitted to it under the present law or any other law, and express its 
opinion. 

If the Provincial Council refuses to express its opinion, or if it 
does not express it within a reasonable time, the Council of Ministers 
may decide to dispense with it. 

Part VI. — Composition and Procedure of Provincial Councils. 

Art. 44. The Provincial Councils shall be composed as follows : 
Each Council shall consist of two ropresentalives of each markaz 

of the moodirieh, elected by the elector-delegate of the villages in the 

markaz. 



188 CONSTITUTIONS OF THE STATES AT WAR. 

The two representatives must be domiciled in the circumscription 
of the markaz which they represent. 
For the purposes of this provision : 

1. The capital of a moodirieh with its own administrative organ- 
ization shall be considered as forming part of the markaz in the 
circumscription of which it is situated. 

2. Every markaz, the population of which does not exceed 20,000 
inhabitants, and every administrative subdivision of a moodirieh 
not forming a markaz, shall be amalgamated with other markazes 
by order issued by the Minister of the Interior with the assent of the 
Council of Ministers. 

The moodir shall be the president of the Provincial Council, and, 
if absent or prevented from attending, he shall be replaced by the 
sub-moodir. 

The Provincial Councils thus constituted shall be considered to be 
corporations. They shall be represented by the moodir for the pur- 
pose of the exercise of the powers and the carrying out of the duties 
assigned to them. 

Art. 45. The representatives of the markazes in the Provincial 
Councils shall be elected for four years. One representative of each 
markaz shall retire every two years in turn. 

The retiring members of the Council shall continue to perform their 
duties until the appointment of their successors. They may be 
reelected. 

Art. 46. In the case of a seat of a member of a Provincial Council 
becoming vacant, a new election shall take place within three months 
at the outside. The mandate of the new member shall last only 
until the expiration of the mandate of the member he replaces. 

Art. 47. Each newly-elected member of the Provincial Council 
ghall, before he enters upon his duties, take before the moodir the 
oath of fidelity to the Khedive and of obedience to the laws of the 
country. 

Art. 48. Every member of a Provincial Council who, without rea- 
son considered by the Council as sufficient, shall be absent during 
three consecutive sessions shall be declared by the Council to have 
forfeited his seat. 

By " session " is understood one or more consecutive sittings held 
by virtue of a single summons. 

Except for the cases of forfeiture of seats provided for by the 
Electoral Law, the members of the Provincial Council shall not be 
dismissed save by decree issued at the instance of Our Council of 
Ministers on a resolution passed by the Provincial Council by a 
three-quarters majority. 

Art. 49. The Provincial Councils shall assemble at the times fixed 
by their standing orders, or otherwise when summoned by the moodir. 



EGYPT. ^ 189 

The inoodir may at any time summon the Council to a special 
sitting, and it shall be obligatory for him to do so whenever a written 
demand to this effect is made to him, signed by at least one third of 
the members of the Council. 

Excepting members of the Provincial Council, no one may be pres- 
ent at the sittings of the Council or at those of its committees without 
being invited by the Council or moodir for the better elucidation of 
the questions under discussion. 

Nevertheless, each minister may appoint one or more delegates to 
be present at those sittings of the Provincial Council or its commit- 
tees at which questions relating to a service under his department are 
to be discussed. These delegates shall take part in discussions with- 
out voting. 

The moodir. or the sub-moodir for him, shall be an ^'.w officio mem- 
ber of all the committees of the Council. He shall preside over every 
sitting at which he is present. 

The sittings of the Council shall not be in order unless the number 
of members present exceeds one half. Decisions shall be taken by a 
majority of votes, and in case of an equal division the president shall 
have a casting vote. 

The Minister of the Interior may enact, by order approved by the 
Council of Ministers, regulations of general application for the 
working of the Provincial Councils. 

While complying with the general regulations, each Provincial 
Council may, with the approval of the Minister of the Interior, 
draw up its own standing orders. 

Art. 50. The dissolution of a Provincial Council may be pro- 
nounced at any time by a decree stating the reasons for this course. 
In this case there shall be a fresh election within three months from 
the date of dissolution. 

Part VII. — Interpretation. 

Art. 51. All questions arising as to the interpretation of the pres- 
ent Law shall be decided definitively by a special commission com- 
posed of two ministers, one of whom shall be the Minister of Justice, 
who shall preside, and the other of whom shall be nominated by the 
Council of Ministers, of two members of the Legislative Assembly 
chosen by that Assembly, and of the president, the vice-president and 
the senior judge of the Native Court of Appeal. 

Part VIII. — Miscellaneous and Transitory Provisions. 

Art. 52. The first partial renewal of the Legislative Assembly 
shall take place in January 1916, the second in January 1918, and 
the third in January 1920. 



190 coisrsTiTUTiOiSrs of the states at war. 

The selection of the members to go out at the first and second 
renewals shall be made by lot. 

Art. 53. The existing members of the Provincial Councils shall 
remain in office until their mandate runs out. Nevertheless, in order 
to secure the retirement of half of the members every second year 
as required by Article 45, the representative whose mandate would 
normally run out at the end of 1916 shall only remain in office until 
the end of 1915. 

Art. 54. The Organic Law of 1 May 1883, as successively amended 
by the decree of 29 September 1883, and by Laws Nos. 3, 18 and 22 
of 1909, Law No. 2 of 1911 and Law No. 7 of 1912, is hereby re- 
pealed, as are all provisions of laws, decrees, superior orders or regu- 
lations which are in conflict with the provisions of the present Law. 

Art. 55. Our ministers are charged, each so far as he is concerned 
therein, with the execution of the present law, which shall come into 
force as from the date of its publication in the O-fftcial Journal, The 
Law shall, in addition, be placarded in all towns and villages 
throughout Egypt.^ 

^ Here follow the signatures of the Khedive Abbas Hilmi and the six ministers. 



FRANCE. 

Since 1789 France has undergone numerous changes in govern- 
ment, and each change has been embodied in constitutional docu- 
ments. It will suffice here to enumerate the several constitutions 
which were in force before the definite establishment of the Third 
Republic : 

1. The Constitution of 3 September 1791 established a limited 
monarchy, but disappeared Avith the fall of the King in the suc- 
ceeding year. 

2. The Republican Constitution of 24 June 1793 had not been 
put in force before the fall of the Jacobins who framed it, and was 
disregarded by those who succeeded to their power. 

3. The Constitution of 22 August 1795 vested the executive power 
in five Directors, and the legislative power in a Council of Five 
Hundred and a Council of Ancients. It represents the conservative 
reaction from the Jacobin principles of 1793. 

4. The usurpations of the Directory and the coup d'etat of 9 No- 
vember 1799 put an end to the Constitution of 1795. Under the 
Constitution of 13 December 1799 Napoleon gained as First Consul 
the supreme executive power to which he aspired. 

5. The senatus-consulta of 2 and '4 August 1802 proclaimed Na- 
poleon First Consul for life with extended powers, and on 18 May 
1804 the Consulate Avas replaced by the Empire. The Constitu- 
tion was altered by several other less important acts between 1804 
and 1814. Intimately connected with the first Imperial Constitution 
is the Additional Act of 22 April 1815, which by its liberal principles 
attempted to outbid the Bourbon Charter of 1814; the Additional 
Act disappeared with the defeat of Napoleon at Waterloo. 

6. Upon the restoration of the Bourbons the Constitutional Charter 
of 4 June 1814^ was issued by Louis XVIII; with this Constitution 
was first established the parliamentary system with ministerial re- 
sponsibility; the legislature was composed of two houses, one ap- 
pointive, the other elective, but with a very limited electorate. 

7. The Constitution of 14 August 1830^ and the organic laws of 
1831 came as a result of the July revolution of 1830. The Consti- 
tution of 1814 remained almost unchanged, except for a limited ex- 
tension of the suffrage and the abolition of hereditary peerages. 

1 French text in the British and Foreign State Papers, 1 : pp. 960-966. 

2 French text in the British and Foreign State Papers, 17 : pp. 1013-1018. 

191 



192 CONSTITUTIONS OF THE STATES AT WAR. 

8. The Republican Constitution of 4 November 1848 ^ introduced 
universal suffrage, with an unicameral legislature, and an elective 
president chosen for four years and ineligible to succeed himself. 

9. The Constitution of 14 January 1852 ^ extended for 10 years 
the power of Louis Napoleon Bonaparte as President of the Re- 
public; the senatus-consultum of 7 November,^ ratified by the pleb- 
iscite of 21 and 22 November 1852, reestablished the Empire. Be- 
tween 1852 and 1870 the Constitution was altered by numerous 
senatus-cons'ulta, the most important of which was that of 8 Septem- 
ber 1869, establishing ministerial responsibility. 

10. The senatus-consultum of 21 May 1870, a codification of con- 
stitutional changes since 1860, was really a new Imi3erial Consti- 
tution, and was submitted to a vote of the people as such. 

11. Imperial institutions in France were now destined to be of 
short duration; the Empire disappeared on 4 September 1870, ^yhen 
news reached Paris of the French disaster at Sedan. The Govern- 
ment of the National Defense, which succeeded the Empire, gave way 
in February, 1871, to a National Assembly which chose Thiers chief 
•of the executive power of the French Republic. 

For two years after 1871 nothing was done by the National As- 
sembly toward the permanent establishment of the Republic. In 
fact the majority of the Assembly were monarchists; the overthrow 
of Thiers and the election of Marshal de MacMahon as President 
were considered the first steps toward the restoration of monarchy, 
but the attitude of the Comte de Chambord wrecked the hopes of his 
supporters. Definite steps toward a constitutional organization were 
not taken until hope of a restoration of the Bourbons had disap- 
peared. 

Even after the failure to reestablish the Monarchy the majority 
of the National Assembly hoped to prevent the permanent establish- 
ment of the Republic. But the provisional organization of the Gov- 
ernment could not continue forever, nor could the Assembly, elected 
to meet the national crisis of 1871, expect much longer to remain in 
power. The constitutional and organic laws were finally enacted in 
1875, and the elections of 1876 proved that the people of France 
were ready to support republican institutions. In addition to these 
laws, some subsequent laws bearing upon constitutional matters have 
been included here.* 

* French' text in the British and Foreign State Papers, 36 : pp. 1072-1085. 
^ French text in the British and Foreign State Papers, 41 : pp. 108.5-1090. 
3 French text in the British and Foreign State Papers, 41 : pp. 1095-1098. 

* These introductory paragraphs are based upon W. F. Dodd, Modern Constitutions 
{Chicago, 1909), vol. i^ pp. 283-285. There is also a very good account in F. R. 
Daebste et p. Daeeste, Les Constitutions modernes (3d edition, Paris, 1910), vol. i, 
pp. 1-9. 



FRANCE. 193 

CONSTITUTIONAL LAW OF 25 FEBRUARY 1875.^ 
On the OnoANizATiON of the Public Powers, 

Article 1. The legislative power shall be exercised by two assem- 
blies : The Chamber of Deputies and the Senate. 

The Chamber of Deputies shall be elected by universal suffrage, 
under the conditions determined by the electoral law.^ 

The composition, the method of election and the attributions of the 
Senate shall be regulated by a special law.^ 

Art. 2. The President of the Republic shall be chosen by an abso- 
lute majority of votes of the Senate and Chamber of Deputies united 
in National Assembly. He shall be elected for seven years. He shall 
be eligible for reelection. 

Art. 3. The President of the Republic shall have the initiative of 
laws, concurrently with the members of the two houses. He shall 
promulgate the laws when they have been voted by the two houses*; 
he shall look after and secure their execution. 

He shall have the right of pardon; amnesty may only be granted 
by law.^ 
. He shall dispose of the armed force. 

He shall appoint to all civil and military positions. 

He shall preside over State functions; envoys and ambassadors of 
foreign powers shall be accredited to him. 

Every act of the President of the Republic shall be countersigned 
by a minister. 

Art. 4. As vacancies occur on and after the promulgation of the 
present law, the President of the Republic shall appoint, in the 
Council of Ministers, the councilors of State yi regular service. 

The councilors of State thus chosen may be dismissed only by 
decree rendered in the Council of Ministers." 

1 Promulgated in the Journal offlciel of 28 February 1875. Translation of this and 
the following laws based upon Dodd, op. cit., pp. 286-288, which in turn was based 
upon the translation by C. F. A. Currier in the Supplement to the Annals of the 
American Academy of Political and Social Science, March, 189S (Philadelphia, 1893), 
and in Foreign Constitutions [The Convention Manual of the Sixth New York State 
Constitutional Convention, 189li, part 2, vol. 3] (Albany, 1894), pp. 230-255. French 
texts in D.\ueste, op. cit., pp. 10-37, and Paul Posener, Die Staatsverfa^sungen 
des Erdballs (Charlottenburg, 1909), pp. 564-587. 

2 See Laws of 30 November 1875, 16 June 1885, 13 February 1889 and 17 July 1889, 
on pp. 203, 213, 214 and 215, respectively. 

3 See Constitutional Law of 24 February 1875 and Laws of 2 August 1875 and 9 
December 1884, on pp. 195, 198 and 210, respectively. 

^ See Article 7 of the Constitutional Law of 16 July 1875 on p. 196. 

^ The houses may, without amending the Constitution, decide that pardons granted by 
the President of the Republic shall, under certain conditions, produce all the effects of 
amnesty (Laws of 3 March 1879 and 11 July 1880). 

« The Council of State is now governed by the Laws of 24 May 1872 and 13 July 1879. 
Clause 3 of the above article has been omitted, because it ceased to have application 
after 1881. 



194 coNSTiTUTioisrs or the states at wab. 

Art. 5. The President of the Eepublic may, with the advice of the 
Senate, dissolve the Chamber of Deputies before the legal expiration 
of its mandate. 

In that case the electoral colleges shall be assembled for new elec- 
tions within the space of 2 months, and the Chamber within the 10 
days following the close of the elections.^ 

Art. 6. The ministers shall be collectively responsible to the houses 
for the general policy of the government, and individually for 
their personal acts. 

The President of the Eepublic shall be responsible only in case of 
high treason.^ 

Art. 7. In case of vacancy by death or for any other reason, the 
two houses assembled together shall proceed at once to the election 
of a new President.^ 

In the meantime the Council of Ministers shall be 'vested with the 
executive power. 

Art. 8. The houses shall have the right by separate resolutions, 
taken in each by an absolute majority of votes, either upon their own 
initiative or upon the request of the President of the Eepublic, to 
declare a revision of the constitutional laws necessary.* 

After each of the two houses shall have come to this decision, 
they shall meet together in National Assembly to proceed with the 
revision. 

The acts effecting revision of the constitutional laws, in whole or 
in part, shall be passed by an absolute majority of the members com- 
posing the National Assembly.^ 

The republican form of government shall not be made the sub- 
ject of a proposed revision.® 

Members of families that have reigned in France are ineligible to 
the Presidency of the Eepublic.® 

Art. 9.^ 

1 As amended by Article 1 of the Constitutional Law of 14 August 1884. 

2 See Article 12 of the Constitutional Law of 16 July 1875, on p. 197. 

3 See Article 3 of the Constitutional Law of 16 July 1875, on p. 196. 

* Article 8 has been put into practice twice, in 1879 and in 1884. See the introductory 
paragraphs preceding this law. 

5 The clause following this, concerning the presidency of Marshal de MacMahon, is now 
without object. 

6 Added by Article 2 of the Constitutional Law of 14 August 1884. 

^ Repealed by the Constitutional Law of 21 June 1879. Article 9 originally read : 
" The seat of the executive power and of the two houses shall be at Versailles." See 
Law of 22 July 1879, on p. 208. 



FRANCE. 195 

CONSTITUTIONAL LAW OF 24 FEBRUARY 1875.^ 

On the Organization of the Senate. 

Articles 1-T.- 

Art. 8. The Senate shall have, concurrently with the Chamber of 
Deputies, the power to initiate and to pass laws. Money bills, how- 
ever, shall first be introduced in and passed by the Chamber of 
Deputies." 

Art. 9. The Senate may be constituted a court of justice to try 
either the President of the Republic or the ministers, and to take 
cognizance of attacks made upon the safety of the State.* 

Art. 10. Elections to the Senate shall take place one month before 
the time fixed by the National Assembly for its own dissolution. 
The Senate shall organize and enter upon its duties the same day 
that the National Assembly is dissolved. 

Art. 11. The present law shall be promulgated onh- after the 
passage of the law on the public powers. 

CONSTITUTIONAL LAW OF 16 JULY 1875.^ 
On the Relations of the Public Powers. 

Article 1. The Senate and the Chamber of Deputies shall assemble 
each year on the second Tuesday of January, unless convened earlier 
by the President of the Republic. 

The two houses shall continue in session at least five months 
each year. The sessions of the two houses shall begin and end at 
the same time.® 

Art. 2. The President of the Republic pronounces the closing of 
the session. He may convene the houses in extraordinary session. 

He shall convene them if, during the recess, an absolute majority of 
the members of each house request it. 

The President may adjourn the houses. The adjournment, how- 
ever, shall not exceed one month, nor take place more than twice 
in the same session. 

1 Promulgated in the Journal offlciel of 28 February 1875. See above, p. 193, note 1. 

■•'These seven, articles, concerning the composition of the Senate and of the electoral 
body which names the senators, were deprived of their constitutional character by Article 
3 of the Law of 14 August 1884 and were repealed by Article 9 of the Law of 9 Decem- 
ber 1884. See below, pp. 198 and 213, respectively. 

3 This text is an almost literal reproduction of Article 15 of the Charter of 1830, 
which in turn was borrowed from the Charter of 1814 (Articles 17 and 47). The 
Senate and the Chamber since 1876 have frequently been in disagreement upon the 
interpretation to be given to Article 8, the former maintaining that no exception for 
money bills is made to the general principle of the equality of the two houses in the 
passage of laws, the latter claiming exclusive control of budgetary rights. 

* See below, p. 197, note 1. 

^ Promulgated in the Journal offlciel of 18 July 1875. See above, p. 193, note 1. 

"The third paragraph of this article, repealed by Article 4 of the Law of 14 August 
1884. prescribed public prayers on the Sunday following the convening of the houses. 



196 coisrsTiTUTioisrs or the states at war. 

Art. 3. One month at least before the legal expiration of the 
powers of the President of the Republic, the houses shall be called 
together in National Assembly to proceed to the election of a new 
President. 

In default of a summons, this meeting shall take place, as of 
right, the fifteenth day before the expiration of these powers. 

In case of the death or resignation of the President of the Repub- 
lic, the two houses shall assemble immediately, as of right.^ 

In case the Chamber of Deputies, in consequence of Article 5 of 
the Law of 25 February 1875, is dissolved at the time when the 
Presidency of the Republic becomes vacant, the electoral colleges 
shall be convened at once, and the Senate shall assemble as of right. 

Art. 4. Every meeting of either of the two houses which shall 
be held at a time when the other is not in session is ipso facto illegal 
and void,^ except in the case provided for in the preceding article, and 
in case the Senate meets as a court of justice; in the latter case, 
judicial duties alone shall be performed. 

Art. 5. The sittings of the Senate and of the Chamber of Deputies 
shall be public. 

Nevertheless either house may meet in secret session, upon the 
request of a fixed number of its members, determined by the rules.^ 

It shall then decide by absolute majority whether the sitting shall 
be resumed in public upon the same subject. 

Art. 6. The President of the Republic communicates with the 
houses by messages, which shall be read from the tribune by a 
minister. 

The ministers shall have entrance to both houses, and shall be 
heard when they request it. They may be assisted, for the discussion 
of a specific bill, by commissioners named by decree of the President 
of the Republic. 

Art. 7. The President of the Republic shall promulgate the laws 
within the month following the transmission to the government of 
the law finally passed. He shall promulgate, within three days, 
laws the promulgation of which shall have been declared urgent by 
an express vote of each house.* 

Within the time fixed for promulgation the President of the Re- 
public may, by a message with reasons assigned, request of the two 
houses a new discussion, which can not be refused. 

Art. 8. The President of the Republic shall negotiate and ratify 
treaties. He shall give information regarding them to the houses 
as soon as the interests and safety of the State permit. 

1 See Article 7 of the Constitutional Law of 25 February 1875, on p. 194. 
"^ See above, Paragraph 2 of Article 1. 

2 The number of members required for such action is 5 for the Senate and 20 for 
the Chamber. 

* A decree of 6 April 1876 governs the formula of promulgation of laws. 



FRANCE. 197 

Treaties of peace and of commerce, treaties which involve the 
finances of the State, those relating to the status of the persons and 
to the right of property of French citizens in foreign countries, 
shall be ratified only after having been voted by the two houses. 
No cession, exchange, or annexation of territory shall take place 
except b}^ virtue of a law. 

Art. 9. The President of the Eepublic shall not declare war with- 
out the previous consent of the two houses. 

Art. 10. Each house shall be the judge of the eligibility of it^ 
members and of the regularity of their election; it alone may receive 
their resignation. 

Art. 11. The bureau^ of each house shall be elected each year 
for the entire session, and for every extraordinary session which may 
be held before the regular session of the following year. 

When the two houses meet together as a National Assembly, 
their bureau shall be composed of the president, vice-presidents and 
secretaries of the Senate. 

Art. 12. The President of the Republic may be impeached only by 
the Chamber of Deputies and may be tried only by the Senate. 

The ministers may be impeached by the Chamber of Deputies for 
offenses committed in the performance of their duties. In this case 
they shall be tried by the Senate. 

The Senate may be constituted into a court of justice, by a decree 
of the President of the Republic issued in the Council of Ministers, 
to try all persons accused of attempts upon the safety of the State. 

If proceedings should have been begun in the regular courts, the 
decree convening the Senate may be issued at any time before the 
granting of a discharge. 

A law shall determine the method of procedure for the accusation, 
trial and judgment. - 

Art. 13. No member of either house shall be prosecuted or held 
responsible on account of any opinions expressed or votes cast by 
him in the performance of his duties.^ 

Art. 14. No member of either house shall, during the session, 
be prosecuted or arrested for any offense or misdemeanor, unless 
upon the authority of the house of which he is a member, except 
in the case of fagrante delicto. 

The detention or prosecution of a member of either house shall 
be suspended for the session, and for the entire term of the house, 
if the chamber requires it. 

^ The bureau of the Senate consists of a president, 4 vice-presidents, 8 secretaries and 
3 questors ; the bureau of the Chambers of Deputies has the same composition. 

» Law of 10 April 1889. 

* Article 41 of the Law of 29 July 1881 on the press develops and completes this 
provision. 



198 CONSTITUTIONS OF THE STATES AT WAB. 

LAW OF 21 JUNE 1879.^ 

Revising Article 9 or the Constitutional Law of 25 February 

1875. 

/ Sole Article. Article 9 of the Constitutional Law of 25 February 
1875 is repealed." 

LAW OF 14 AUGUST 1884.^ 

Partially Revising the Constitutional Laws.* 

Article 1. Paragraph 2 of Article 5 of the Constitutional Law of 
25 February 1875, on the organization of the public powers, is 
amended as follows: 

In that case the electoral colleges shall meet for new elections within 2 
months and the Chamber within the 10 clays following the close of the 
elections. 

Art, 2. To Paragraph 3 of Article 8 of the same law of 25 Feb- 
ruary 1785 is added the following: 

The republican form of government shall not be made the subject of a 
proposed revision. 

Members of families that have reigned in France are ineligible to the 
Presidencj- of the Republic. 

Art. 3. Articles 1 to 7 of the Constitutional Law of 24 February 
1875, on the organization of the Senate, shall no longer have a con- 
stitutional character.^ 

Art. 4. Paragraph 3 of Article 1 of the Constitutional Law of 16 
July 1875, on the relation of the public powers, is repealed. 

ORGANIC LAW OF 2 AUGUST 1875.« 
On the Election of Senators. 

Article 1. A decree of the President of the Republic, issued at 
least six weeks in advance, shall fix the day for the elections to the 
Senate, and at the saine time that for the choice of delegates of the 
municipal councils. There shall be an interval of at least one month 
between the choice of delegates and the election of senators. 

Art. 2. In each municipal council the election of delegates shall 
take place without debate and by secret ballot, by scrutin de liste 
and by an absolute majority of votes cast. 

^ Promulgated in the Journal offlciel of 22 June 1879. 

2 Tliis article fixed the seat of g-overnment at Versailles (see ahove, p. 194). The seat 
of government was removed from Versailles to Paris by a Law of 22 July 1879 (see 
below, p. 208). 

2 Promulgated in the Journal offlciel of 15 August 1884. 

* The amendments to the constitutional laws have also been inserted in their proper 
places. 

5 These articles were repealed by way of ordinary legislation on 9 December 1884 (see 
below, p. 213). 

•= Promulgated in the Journal offlciel of 13 August 1875. 



PRANCE. 199 

After two ballots a plurality shall be sufficient, and in case of an 
equality of votes the oldest ig elected. 

The procedure and method shall be the same for the election of 
alternates. 

Councils having 1, 2 or 3 delegates to choose shall elect 1 alternate. 

Those choosing G or 9 delegates shall elect 2 alternates. 

These choosing 12 or 15 delegates shall elect 3 alternates. 

Those choosing 18 or 21 delegates shall elect 4 alternates. 

Those choosing 24 delegates shall elect 5 alternates. 

The municipal council of Paris shall elect 8 alternates- 

The alternates ,shall take the place of delegates in case of refusal or 
inability to serve, in the order determined by the number of votes 
received by each of them. 

The choice of the municipal councils shall not extend to a deputy, 
a general councilor or an arrondissement councilor. 

All communal electors, including the municipal councilors, shall 
be eligible without distinction.^ 

Art. 3. In communes where the duties of the municipal council are 
performed by a special delegation organized by virtue of Article 44 
of the Law of 5 April 1884, the senatorial delegates and alternates 
shall be chosen by the former council.^ 

Art. 4. If the delegates were not present at the election, notice 
shall be given them by the mayor within 24 hours. They shall, 
within 5 days, notify the prefect of their acceptance. In case of 
refusal or silence, they shall be replaced by the alternates, who shall 
then be placed upon the list as the delegates of the commune.^ 

Art. 5. The official report of the election of delegates and alter- 
nates shall be transmitted at once to the prefect; it shall state 
the acceptance or refusal of the delegates and alternates, as well as 
the protests raised, by one or more members of the municipal 
council, against the legality of the election. A copy of this official 
report shall be posted on the door of the town hall.^ 

Art. 6. A statement of the results of the election of delegates and 
alternates shall be drawn up within a week by the prefect; this 
statement shall be given to all requesting it, and may be copied and 
published. 

Every elector may, at the bureau of the prefecture, obtain in- 
formation and a copy of the list, by communes, of the municipal 
councilors of the department, and, at the bureaus of the subpre- 
fectures, information and a copy of the list, by communes, of the 
municipal councilors of the arrondissement. 

^ As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). The 
original text provided that each municipal council elect one delegate and one alternate. 

2 As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). The 
amendments of Articles 4 and 5 merely substitute "delegates" and "alternates" for 
"delegate" and "alternate." 



200 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 7. Every communal elector may, within the next three days, 
address directly to the prefect a protest against the regularity of the 
election. 

If the prefect deems the proceedings irregular, he may request that 
they be set aside. 

Art. 8. Protects concerning the election of delegates or of alter- 
nates shall be decided, subject to an appeal to the Council of State, 
by the council of the prefecture, and, in the colonies, by the privy 
council. 

Delegates whose election is annulled because they do not fulfill 
some one of the conditions demanded by law, or on account of infor- 
mality, shall be replaced by the alternates. 

In case the election of a delegate and of an alternate is annulled, 
or in the case of the refusal or death of both of them after their ac- 
ceptance, new elections shall be held by the municipal council on a 
day fixed by an order of the prefect.^ 

Art. 9. One week, at the latest, before the election of senators, the 
prefect, and, in the colonies, the director of the interior, shall arrange 
the list of the electors of the department in alphabetical order. The 
list shall be communicated to all who request it, and may be copied and 
published. No elector shall have more than one vote. 

Art, 10. The deputies, the members of the general council, or of 
the arrondissement councils, whose elections have been announced by 
the returning committees, but whose powers have not been verified, 
shall be enrolled upon the list of electors and shall take part in the 
voting. 

Art. 11. In each of the three departments of Algeria the electoral 
college shall be composed: 

1. Of the deputies. 

2. Of the members of the general councils, of French citizenship. 

3. Of delegates elected by the French members of each municipal 
council from among the communal electors of French citizenship. 

Art. 12. The electoral college shall be presided over by the presi- 
dent of the civil tribunal of the seat of government of the department 
or colony. In the Department of Ardennes it shall be presided over 
by the president of the tribunal of Charleville.^ 

The president shall be assisted by the two oldest and the two 
youngest electors present at the opening of the meeting. The bureau 
thus constituted shall choose a secretary from among the electors. 

If the president is prevented from presiding, his place shall be 
taken by the vice-president [of the civil tribunal] , and, in his absence, 
by the oldest judge. 

1 As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). The 
amendment to this article merely substitutes " delegates " and " alternates " for " dele- 
gate " and " alternate." 

" This sentence was added by the Law of 1 February 1898. 



FBANCE. 201 

Art. 13. The bureau shall divide the electors in alphabetical order 
into sections of at least 100 voters each. It shall appoint the presi- 
dent and inspectors of each of these sections. It shall decide all 
questions and contests which may arise in the course of the election, 
without power, however, to depart from the decisions rendered by 
virtue of Article 8 of the present law. 

Art. 14. The first ballot shall begin at 8 o'clock in the morning and 
close at noon. The second shall begin at 2 o'clock and close at 5 
o'clock. The third shall begin at 7 o'clock and close at 10 o'clock. 
The results of the ballotings shall be canvassed by the bureau and 
announced immediately by the president of the electoral college.^ 

Art. 15. No one shall be elected senator on either of the first two 
ballots unless he receives (1) an absolute majority of the votes cast 
and (2) a number of votes equal to one-fourth of the total number 
of electors registered. On the third ballot a plurality shall be suffi- 
cient, and, in case of an equality of votes, the oldest is elected. 

Art. 1G. Political meetings for the nomination of senators may be 
held from the date of the promulgation of the decree summoning the 
electors up to the day of the election, inclusive. 

The declaration prescribed by Article 2 of the Law of 30 June 
1 881 ^ shall be made by two voters at least. 

The forms and regidations of this article, as well as those of 
Article 3, shall be observed. 

The members of Parliament elected or electors in the department, 
the senatorial electors, delegates and alternates, and the candidates or 
their representatives may alone be present at these meetings. 

The municipal authorities shall see to it that no other person is 
admitted. 

Delegates and alternates shall present as a means of identification 
a certificate from the mayor of the commune; candidates or their 
representatives, a certificate from the official who shall have received 
the declaration mentioned in Paragraph 2.^ 

Art. 17. Delegates who take part in all the ballotings shall, if 
they demand it, receive from the State, upon the presentation of their 
letter of summons, countersigned by the president of the electoral 
college, a remuneration for traveling expenses, which shall be paid 
to them upon the same basis and in the same manner as that given to 
jurors by Articles 35, 90 and following of the decree of 18 June 1811. 

A public administrative regulation shall determine the manner of 
fixing the amount and the method of payment of this remunera- 
tion.* 

1 As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). 

2 Law on the freedom of assembly. The Law of 28 March 1907 concerning public 
gatherings suppressed the formality of a previous declaration. 

* As amended by Article 8 of the Law of 9 December 1884 (see below, p. 213). 

* Decree of 26 December 1875. 

88381—19 14 



202 CONSTITUTION'S OF THE STATES AT WAR. 

Art. 18. Every delegate who, without lawful reason, shall not take 
part in all the ballotings, or, having been hindered, shall not have 
given notice to the alternate in sufficient time, shall, upon the demand 
of the public prosecutor, be fined 50 francs by the civil tribunal of 
the seat of government. 

The same penalty may be imposed upon the alternate who, after 
having been notified by letter, telegram, or notice personally delivered 
in due time, shall not have taken part in the election. 

Aet. 19. Every attempt at corruption or constraint by the employ- 
ment of means enumerated in Articles 177 and following of the Penal 
Code, to influence the vote of an elector or to keep him from voting, 
shall be punished by imprisonment of from three months to two years 
and by a fine of from 50 to 500 francs, or by either of these penalties. 

Article 463 of the Penal Code is applicable to the penalties pro- 
vided by the present article.^ 

Art. 20. There is incompatibility between the functions of senator 
?ind those : 

Of councilor of State and maitre des requetes, prefect and sub- 
prefect, except the prefect of the Seine and the prefect of police. 

Of member of the courts of a^^peal ^ and of tribunals of first in- 
stance, except the public prosecutor before the court of Paris. 

Of paymaster general, of special receiver, of official and employee 
of the central administration of the ministries.^ 

Art. 21. No one of the following officers shall be elected by the 
department or the colony included wholly or partially in his juris- 
diction during the exercise of his duties or during the six months 
following the cessation of his duties by resignation, dismissal, 
change of residence or other cause : 

1. The first presidents, presidents and members of the courts of 
appeal. 

2. The presidents, vice-presidents, examining magitrates and 
members of the tribunals of first instance. 

3. The prefect of police, prefects and subprefects and secretaries 
general of prefectures; the governors, directors of the interior and 
secretaries general of the colonies. 

4. The engineers in chief and of the arrondissement and road 
surveyors in chief and of the arrondissment. 

5. The rectors and inspectors of academies. 

1 As amended by Article 8 of the Law of 9 December 1884 (see p. 213). 

2 France is divided into 26 judicial districts, in each of which there is a court of 
appeal. There are similar courts in Algeria and the colonies. The Court of Cassation is 
the supreme court of appeal for all France, Algeria and the colonies. 

3 This article was implicitly repealed by the Law of 26 December 1887 (see below, 
p. 214). By Article 3 of the Law of 16 November 1897, the governor and undergovernor 
of the Bank of France are ineligible as dejouties or senators. 



FRANCE. 203 

G. The inspectors of primary schools. 

7. Tlie archbishops, bishops and vicars general.^ 

8. The officers of all grades of the land and naval forces. 

9. The division commissaries and the military deputy commis- 
saries. 

10. The paymasters general and special receivers of money. 

11. The superintendents of direct and indirect taxes, of regis- 
tration and of public propert}^, and of posts. 

12. The commissioner3 and inspectors of forests. 

Art. 22. A senator elected in several departments shall make 
known his choice to the president of the Senate within 10 days fol- 
lowing the verification of the elections. If a choice is not made in 
this time, the question shall be settled by lot in open session. 

The vacancy shall be filled within one month and by the same elec- 
toral body. 

The same holds true in case of an invalidated election. 

Art. 23. Vacancies caused by the death or resignation of senators 
shall be filled w^ithin three months; however, if the vacancy occurs 
within .six months preceding the triennial elections, it shall not be 
filled until those elections.- 

Arts. 24-25.^ 

Art. 26. Members of the Senate shall receive the same salaries as 
members of the Chamber of Deputies.* 

Art. 27. All provisions of the electoral law relating to the follow- 
ing matters are applicable to elections of senators: 

1. To cases of unworthiness and incapacity. 

2. To offenses, prosecutions and penalties. 

3. To election proceedings, in all matters not contrary to the 
provisioi\s of the present law. 

Arts. 28-29.^ 

OEGANIC LAW OF 30 NOVEMBER 1875.*' 

On the Election of Deputies. 

Article 1. The deputies shall be chosen by the voters registered : 
1. Upon the lists drawn up in accordance with the Law of 7 
July 1874. 

1 This clause was implicitly repealed by Article 2 of the Law of 9 December 1905 
on the separation of Church and State. 

2 As amended by Article 8 of the Law of 9 December 1884 (see below, p. 213). 
2 Articles 24 and 25 were repealed by Article 9 of the Law of 9 December 1884. 
^ See Article 17 of the Organic Law of 30 November 1875, p. 207 below. 

^ Articles 28 and 29 of this law contained transitory provisions. 

8 Promulgated in the Journal officiel of 31 November 1875. This law has been 
amended or supplemented by the Laws of 16 June 1885, 13 February 1889 and 17 July 
1889 (see below, pp. 213, 214 and 215, respectively). 



204 CONSTITUTIONS OF THE STATES AT WAR. 

2. Upon the supplementary list including those who have lived 
in the commune six months.^ 

Registration upon the supplementary list shall take place conform- 
ably to the laws and regulation^ now governing the political electoral 
lists, by the committees and according to the forms established bj^ 
Articles 1, 2 and 3 of the Law of 7 July 1874. 

Appeals relating to the formation and revision of either list shall 
be brought directly before the Civil Chamber of the Court of Cassa- 
tion.^ 

Art. 2. The soldiers of all ranks and grades, of both land and naval 
forces, shall not take part in any vote when they are with their 
regiment, at their post, or on duty. Those who, on election day, are in 
private residence, on the non-active list or in possession of a regular 
leave of absence, may vote in the commune on the lists of which they 
are duly registered. This last provision shall apply equally to officers 
on the unattached list or on the reserve list.^ 

Art. 3. During the electoral period, circulars and platforms signed 
by the candidates, electoral placards and manifestoes signed by one 
or more voters, may, after being deposited with the public prose- 
cutor, be posted and distributed without previous authorization. 

The distribution of ballots shall not be subject to the formality 
of deposit.* 

Every public or municipal officer is forbidden to distribute ballots, 
platforms or circulars of candidates. 

The provisions of Article 19 of the Organic Law of 2 August 
1875 ^ on the election of senators shall apply to the election of 
deputies. 

Art. 4. The balloting shall last one day only. The voting shall 
occur in the chief town of the commune; each commune may never- 
theless be divided, by order of the prefect, into as many sections 
as local circumstances and the number of voters may require. The 
second ballot shall take place on the second Sunday following the 
announcement of the first ballot, in accordance with the provisions 
of Article 65 of the Law of 15 March 1849. 

Art. 5. The voting shall take place in accordance with the pro- 
visions of the organic and regulating decrees of 2 February 1852. 

The ballot shall be secret. 

^ There is now only a single list, common to the political and municipal elections, 
since municipal electors are subject to only six months residence (Article 14 of the 
Law of 5 April 1884). 

2 Here follows a transitory provision, concerning the electoral lists of 1875, omitted 
here. 

» See Article 9 of the Law of 21 March 1905. 

*The Law of 20 December 1878 dispensed with the formality of deposit of ballots 
in all elections. The printer was dispensed from the deposit of these ballots by the 
Law of 27 July 1881. 

= See above, p. 202. 



FRANCE. 205 

The voting lists used at the elections in each section, signed by the 
president and secretary, shall remain deposited for one week at the 
secretary's office at the town hall, where they shall be communicated 
to every voter requesting them. 

Art. 6. Every voter shall be eligible, without any property quali- 
fication, at the age of 25 years.^ 

Art. T. No soldier or sailor in active service on land or sea may, 
^^ hatever his rank or position, be elected a member of the Chamber of 
Deputies. 

This provision applies to soldiers and sailors on the unattached 
list or the inactive list, but does not extend to officers of the second 
section of the list of the general staff, nor to those who, kept in the 
first section for having been commander-in-chief in the field, have 
ceased to be actively emploj-ed, nor to officers who, having gained the 
right to retire, are sent to or kept at their homes while awaiting the 
settlement of their pension. 

The decision by which the officer shall have been permitted to 
establish his rights on the retired list shall become, in this case, 
irrevocable. 

The rule laid down in the first paragraph of the present article 
shall not apply to the reserve of the active army or to the territorial 
army. 

Art. 8. The exercise of public duties paid for out of the treasury of 
the State is incompatible with the office of deputy.- 

Consequently every official elected shall be superseded in his duties 
if, within one week following the verification of his powers, he has 
not signified that he does not accept the office of deputy. 

There are excepted from the preceding provisions the duties of 
minister, undersecretary of State, ambassador, minister plenipoten- 
tiary, prefect of the Seine, prefect of police, first president of the 
Court of Cassation, first president of the Court of Accounts, first 
president of the Court of Appeal of Paris, attorney general of the 
Court of Cassation, attorney general of the Court of Accounts, at- 
torney general of the Court of Appeal of Paris, archbishop and 
bishop, consistorial presiding pastor in consistorial districts the 
seat of government of which has two or more pastors, chief rabbi 
of the central consistory, chief rabbi of the consistory of Paris,^ 

1 Exceptions to eligibility are to be found in the Laws of 16 June 1885, 22 June 1886, 
17 July 1889 (see below, p. 215), 20 July 1895 and 21 March 1905. 

=* To these must be added the duties of administrator of concessionary companies of 
maritime postal service (Law of 28 June 1883, Article 10), administrators of railways 
(Law of 20 November 1883, Article 5) and governor and undergovernor of the Bank of 
France (Law of 17 November 1897, Article 3). 

3 These religious officials were made ineligible for 8 years by Article 40 of the Law 
of 9 December 1905 on the separation of Church and State. 



206 co]srsTiTUTiOjsis of the states at wak. 

Art. 9. There are also excepted from the provisions of Article 8 : 

1. Titular professors of chairs which are filled by competition or 
upon the nomination of the bodies where the vacancy occurs. 

2. Persons who have been charged with a temporary mission. 
All missions continuing more than six months cease to be temporary 
and are governed by Article 8 above. ^ 

Art. 10. The officer preserves the rights which he has acquired to 
a retiring pension, and may, after the expiration of his mandate, 
be restored to active service. 

The civil officer who, having had 20 years of service at the date of 
the acceptance of the mandate of deputy, shall be 50 years of age at 
the time of the expiration of his mandate, may establish his rights 
to an exceptional retiring pension. 

This pension shall be regulated according to the third paragraph 
of Article 12 of the Law of 9 June 1853.2 

If the officer is restored to active service after the expiration of his 
mandate, the provisions of Article 3, Paragraph 2, and Article 28 
of the Law of 9 June 1853 shall apply to him. 

In duties where the rank is distinct from the employment, the 
officer, by the acceptance of the mandate'of deputy, loses the employ- 
ment and preserves the rank only. 

Art. 11. Every deputy appointed or promoted to a salaried pub- 
lic position shall cease to belong to the Chamber by the very fact of 
his acceptance; but he may be reelected, if the office which he occu- 
pies is compatible with the mandate of deputy. 

Deputies who become ministers or undersecretaries of State shall 
not be required to seek reelection. 

Art. 12. The following officers shall not be elected by the arron- 
dissement or the colony included wholly or partially in their juris- 
diction, during the exercise of their duties or for six months follow- 
ing the cessation of their duties, because of resignation, dismissal, 
change of residence or any other cause : 

1. The first presidents, presidents and members of the courts of 
appeal. 

2, The presidents, vice-presidents, titular judges, examining 
magistrates and members of the tribunals of first instance, as well as 
titular justices of the peace.^ 

1 See Law of 26 December 1SS7. 

2 The Law of 29 March 1897 acTclecl that, for officials subject (as concerns the pension) 
to the Law of 22 August 1790, this pension shall be regulated at the rate of one 
thirtieth (per year of service) of the pension which would have been settled upon 
them for 30 years of service. The same law also makes these provisions applicable 
to the case provided for by the second paragraph of the sole article of the Law of 
26 December 1887. 

3 The Law of 30 March 1902 added the phrase "as well as titular justices of the 
peace." 



FRANCE. 207 

3. The prefect of police, the prefects and secretaries general of 
prefectures; the governors, directors of the interior and secre- 
taries general of the colonies. 

4. The engineers in chief and of the arrondissement and road 
surveyors in chief and of the arrondissement. 

5. The rectors and inspectors of academies. 

6. The inspectors of primary schools. 

7. The archbishops, bishops and vicars general.^ 

8. The paymasters general and special receivers of mone3^ 

9. The superintendents of direct and indirect taxes, of registra- 
tion and of public property, and of posts. 

10. The commissioners and inspectors of forests. 

The subprefects and councilors of the prefecture - shall not be 
elected in any of the arrondissements of the department in which they 
perform their duties. 

Art. 13. Every attempt to bind deputies by instructions is null and 
void. 

Art. 14.3 

Art. 15. Deputies shall be chosen for four years. 

The Chamber shall be renewed integrally. 

Art. 16. In case of vacancy by death, resignation or otherwise, a 
new election shall be held within three months of the date when the 
vacancy occurred.^ 

In case of option.^ the vacancy shall be filled within one month. 

Art. 17. Deputies shall receive an indemnity. 

The legislative indemnity is fixed at fifteen thousand (15,000) 
francs •"' per j^ear, beginning with 1 January 1907. It is regulated 
b}^ the second paragraph of Article 96 and by Article 97 of the Law 
of 15 March 1849, as well as by the provisions of the Law of 16 
February 1872. 

Art. 18. No one shall be elected on the first ballot unless he receives : 

1. An absolute majority of the votes cast. 

2. A number of votes equal to one-fourth of the number of voters 
registered. 

^ Implicitly I'epealed by Article 40 of the Law of 9 December 1905 on the separation 
of Church and State. 

2 The Law of 30 March 1902 added the phrase "and councilors of the prefecture." 

^ This article was repealed by the Law of 16 June 1885 (see below, p. 213), which 
established the ballot by ticket (scnttin de Ustc) in place of the separate ballot (scrutin 
individuel) or system of single districts, but was reenacted almost word for word hy the 
Law of 13 February 1889, Article 2 (see below, p. 214). 

^ See Article 7 of the Law of 16 June 1885, p. 214 below. 

5 1, e., when a deputy has been elected, from two or more districts, and decides which 
one he will serve. 

8 As amended by the Law of 23 November 1906 ; before the passage of this law deputies 
and senators received 9,000 francs per year. The Law of 16 February 1872 prohibits 
the adding of the indemnity to State salaries (plurality of offices). Article 96 of the 
Law of 15 March 1849 treats of the same subject. Article 97 permits the seizure of 
the entire indemnity. 



208 CONSTITUTIONS OF THE STATES AT WAR, 

On the second ballot a plurality is suflicient. In case of an equality 
of votes, the oldest is elected.^ 

Art. 19.2 

Art. 20. The voters living in Algeria in a place not yet made a 
commune shall be registered on the electoral list of the nearest 
commune. 

When it is necessary to establish electoral districts, either for the 
purpose of grouping mixed communes in each of which the number 
of voters is insufficient, or to bring together voters living in places 
not formed into communes, the decrees for fixing the seat of these 
districts shall be issued by the governor general, upon the report of 
the prefect or of the general commanding the division. 

Art. 21.3 

Art. 22. Every violation of the prohibitive provisions of Article 
3, Paragraph 3, of the present law shall be punished by a fine of from 
16 francs to 300 francs. Nevertheless the criminal courts may apply 
Article 463 of the Penal Code. 

The provisions of Article 6 of the Law of 7 July 1874 shall apply 
to the political electoral lists.* 

The Decree of 29 January 1871 and the Laws of 10 April 1871, 
2 May 1871 and 18 February 1873 are repealed. 

Paragraph 11 of Article 15 of the Organic Decree of 2 February 
1852 is also repealed, in so far as it refers to the Law of 21 May 1836 
on lotteries, reserving, however, to the courts the right to apply 
Article 42 of the Penal Code to convicted persons. 

The provisions of the laws and decrees now in force, not in conflict 
with the present law, shall continue to be applied. 

Art. 23. The provision of Article 12 of the present law by which 
an interval of six months must elapse between the cessation of duties 
and election shall not apply to officials other than prefects and 
subprefects, whose duties shall have ceased either before the promul- 
gation of the present law or within 20 days thereafter, 

LAW OF 22 JULY 1879.= 

On the Seat or the Executive Power and of the Two Houses 

AT Paris. 

Article 1. The seat of the executive power and of the two houses 
shall be at Paris. 

1 This article should be considered as implicitly repealed by Article 5 of the Law of 
16 June 1885 which repeats the terms of this article almost word for word. 

"^ This article, concerning; the representation of Algeria, was implicitly repealed bj; 
Article 3 of the Law of 13 February 1889 (see below, p. 214). 

s This article, concerning the representation of the colonies, was implicitly repealed 
by Article 3 of the Law of 13 February 1889 (see below, p. 214). 

*The Law of 7 July 1874 concerns the municipal electorate. Article 6 of that law 
punishes fraudulent registrations on the electoral lists. 

" Promulgated in the Journal of/iciel of 23 July 1879. 



FRANCE. 209 

Art. 2. The Palace of the Luxemburg and the Palais-Bourbon are 
assigned, the first to the use of the Senate and the second to that of 
the Chamber of Deputies. 

Nevertheless each of the houses is authorized to choose, in the 
cit}' of Paris, the palace which it wishes to occup3\ 

Art. 3. The various parts of the palace of Versailles now occupied 
by the Senate and the Chamber of Deputies shall preserve their 
arrangements. 

Whenever, according to Articles 7 and 8 of the Law of 25 February 
1875 on the organization of the public powers, a meeting of the 
National Assembly takes place, it shall sit at Versailles, in the pres- 
ent hall of the Chamber of Deputies. 

Whenever, according to Article 9 of the Law of 24 February 1875 
on the organization of the Senate, and Article 12 of the Constitutional 
Law of 16 July 1875 on the relations of the public powers, the 
Senate shall be called upon to constitute itself a court of justice, it 
shall indicate the town and place where it proposes to sit. 

Art. 4. The Senate and Chamber of Deputies shall sit at Paris on 
and after 3 November next. 

Art. 5. The presidents of the Senate and of the Chamber of 
Deputies are charged with the duty of securing the internal and 
external safety of the houses over which they preside. 

For this purpose they shall have the right to call upon the armed 
forces and upon all the authorities whose assistance they consider 
necessary. 

Such requisitions may be addressed directly to all officers, com- 
manders or officials, who are bound to obey immediately, under the 
penalties established by the laws. 

The presidents of the Senate and of the Chamber of Deputies 
may delegate to the questors or to one of them their right of demand- 
ing aid. 

Art. 6. Every petition to either of the houses shall be made and 
presented only in writing. It is forbidden to present them in person 
or at the bar. 

Art. 7. Every violation of the preceding article, every provocation, 
by public speeches, by writings or printed matter, posted or dis- 
tributed, to a crowd upon the public ways, having for its object 
the discussion, drawing up or carrying to the houses or to one of 
them, of petitions, declarations or addresses, shall be punished by 
the penalties enumerated in Paragraph 1 of Article 5 of the Law of 
7 June 1848, whether or not any results follow from such actions. 

Art. 8. The preceding provisions do not diminish the force of the 
Law of 7 June 1848 on riotous assemblies. 

Art. 9. Article 463 of the Penal Code is applicable to the offenses 
mentioned in the present law. 



210 CONSTITUTIONS OF THE STATES AT WAE. 

LAW OF 9 DECEMBER 1884.^ 

Amending the Organic Laws on the Organization of the Senate 
AND TPiE Election of Senators. 

Article 1. The Senate shall be composed of 300 members, elected 
by the departments and the colonies. 

The present members, without any distinction between senators 
elected by the National Assembly or by the Senate and those elected 
by the departments and colonies, shall retain their offices during 
the time for which they have been chosen. 

Art. 2. The Department of the Seine shall elect 10 senators. 

The Department of the Nord shall elect 8 senators. 

The departments of C6tes-du-Nord, Finistere, Gironde, Ille-et- 
Vilaine, Loire, Loire-Inferieure, Pas-de-Calais, Rhone, Saone-et- 
Loire and Seine-Inf erieure shall elect 5 senators each. 

Aisne, Bouches-de-Rhone, Charente-Inferieure, Dordogne, Haute- 
Garonne, Isere, Maine-et-Loire, Manche, Morbihan, Puy-de-D6me, 
Seine-et-Oise and Somme shall elect 4 senators each. 

Ain, AUier, Ardeche, Ardennes, Aube, Aude, Aveyron, Calvados, 
Charente, Cher, Correze, Corse, Cote-d'Or, Creuse, Doubs, Drome, 
Eure, Eure-et-Loir, Gard, Gers, Herault, Indre, Indre-et-Loire, Jura, 
Landes, Loir-et-Cher, Haute-Loire, Loiret, Lot, Lot-et-Garonne, 
Marne, Haute-Marne, Mayenne, Meurthe-et-Moselle, Meuse, Nievre, 
Oise, Orne, Basses-Pyrenees, Haute-Saone, Sarthe, Savoie, Haute- 
Savoie, Seine-et-Marne, Deux-Sevres, Tarn, Var, Vendee, Vienne, 
Haute- Vienne, Vosges and Yonne shall elect 3 senators each. 

Basses-Alpes, Hautes-Alpes, Alpes-Maritimes, Ariege, Cantal, 
Lozere, Hautes-Pyrenees, Pyrenees-Orientales, Tarn-et-Garonne and 
Vaucluse shall elect 2 senators each. 

The territory of Belfort, the three departments of Algeria, the 
four colonies of Martinique, of Guadeloupe, of Reunion and of the 
French Indies shall elect 1 senator each.^ 

Art. 3. In the departments where the number of senators is in- 
creased by the present law, the increase shall take effect as vacancies 
occur among the irremovable senators. 

For this purpose, within a week after the vacancy occurs, it shall 
be determined by lot in public session what department shall be 
called upon to elect a senator. 

This election shall take place within three months of the deter- 
mination by lot. However, if the vacancy occurs within six months 
preceding the triennial election, the vacancy shall not be filled until 
that election. 

^ Promulgated in the Journal offlciel of 10 December 1884. 

" This redistribution was not effective until after the death of the last irremovable 
senator (see Article 3 of this law). 



FRANCE. 211 

The mandate thus conferred shall expire at the same time as that 
of the other senators belonging to the same department. 

Aet. 4. No one shall be a senator unless he is a French citizen at 
least 40 years of age and in the enjoyment of civil and political 
rights.^ 

Members of families that have reigned in France are ineligible to 
the Senate. 

Art. 5. The soldiers of the land and naval forces shall not be 
elected senators. 

There are excepted from thig provision : 

1. The marshals of France and admirals. 

2. The general officers maintained without limit of age in the 
first section of the list of the general staff and not provided with a 
command. 

3. The general officers placed in the second section of the list of 
the general staff. 

4. Members of the land and naval forces who belong either to 
the reserve of the active army or to the territorial army. 

Art, G. Senators shall be elected by scrufin de h'sfe, by a college 
meeting at the capital of the department or of the colony and com- 
posed : 

1. Of the deputies. 

2. Of the general councilors. 

3. Of the councilors of the arrondissement. 

4. Of delegates elected from among the voters of the commune 
by each municipal council. 

Councils composed of 10 members shall elect 1 delegate. 

Councils composed of 12 members shall elect 2 delegates. 

Councils composed of 16 members shall elect 3 delegates. 

Councils composed of 21 members shall elect 6 delegates. 

Councils composed of 23 members shall elect 9 delegates. 

Councils composed of 27 members shall elect 12 delegates. 

Councils composed of 30 members shall elect 15 delegates. 

Councils composed of 32 members shall elect 18 delegates. 

Councils composed of 34 members shall elect 21 delegates. 

Councils composed of 36 members or more shall elect 24 delegates. 

The municipal council of Paris shall elect 30 delegates. 

In the French Indies the members of the local councils shall take 
the place of councilors of the arrondissement. The municipal coun- 
cil of Pondichery shall elect 5 delegates. The municipal council of 
Karikal shall elect 3 delegates. All of the other communes shall 
elect 2 delegates each.^ 

^ By the Law of 20 July 1S95 no one may become a member of either house unless he 
has complied with the law regarding military service. 

2 As amended by the Law of 17 December 1908, which repealed a last paragraph 
worded as follows : " The balloting shall take place at the seat of government of each 
district." 



212 CONSTITUTIONS OF THE STATES AT WAR. 

Art 7. Members of the Senate shall be elected for 9 years. 

The Senate shall be renewed every 3 years according to the order 
of the present series of departments and colonies. 

Art. 8. Articles 2 (Paragraphs 1 and 2), 3, 4, 5, 8, 14, 16, 19 and 23 
of the Organic Law of 2 August 1875 on the elections of senators are 
amended as follows: 

Article 2 (Paragraphs 1 and 2). In each municipal council the election of 
delegates shall take place without debate and by secret ballot, by scrutin de liste 
and by an absolute majority of votes cast. 

After two ballots a plurality shall be sufficient, and in case of an equality 
of votes the oldest is elected. 

The procedure and method shall be the same for the election of alternates. 

Councils having 1, 2 or 3 delegates to choose shall elect 1 alternate. 

Those choosing 6 or 9 delegates shall elect 2 alternates. 

Those choosing 12 or 1.5 delegates shall elect 3 alternates. 

Those choosing 18 or 21 delegates shall elect 4 alternates. 

Those choosing 24 delegates shall elect 5 alternates. 

The municipal council of Paris shall elect 8 alternates. 

The alternates shall take the place of delegates in ease of refusal or inability 
to serve, in the order determined bj the number of votes received by each of 
them. 

Aet. 3. In communes where the duties of the municipal council are performed 
by a special delegation organized by virtue of Article 44 of the Law of 5 
April 1884, the senatorial delegates and alternates shall be chosen by the former 
council. 

Abt. 4. If the delegates were not present at the election, notice shall be given 
them by the mayor within 24 hours. They shall, within 5 days, notify the 
prefect of their acceptance. In case of refusal or silence, they shall be replaced 
by the alternates, who shall then be placed upon the list as the delegates of 
the commune. 

Aet. .5. The official report of the election of delegates and alternates shall 
lie transmitted at once to the prefect. It shall state the acceptance or refusal 
of the delegates and alternates, as well as the protests raised, by one or more 
members of the municipal council, against the legality of the election. A copy 
of this official report shall be posted on the door of the town hall. 

Akt. 8. Protests concerning the election of delegates or of alternates shall 
be decided, subject to an appeal to the Council of State, by the council of 
the prefecture, and, in the colonies, by the privy council. 

Delegates whose election is annulled because they do not fulfill some one of 
the conditions demanded by law, or because of informality, shall be replaced by 
the alternates. 

In case the election of a delegate and of an alternate is annulled, or in the 
case of the refusal or death of both of them after their acceptance, new 
elections shall be held by the municipal council on a day fixed by an order of 
the prefect. 

Aet. 14. The first ballot shall begin at 8 o'clock in the morning and close 
at noon. The second shall begin at 2 o'clock and close at 5 o'clock. The third 
shall begin at 7 o'clock and close at 10 o'clock. The results of the balloting 
shall be canvassed by the bureau and announced immediately by the presi- 
dent of the electoral college. 



FKANCE. 21S 

Art. 1G. Political meetings for the nomination of senators may be held 
from the date of the promulgation of the decree summoning the electors up 
to the day of the election, inclusive. 

The declaration prescribed by Article 2 of the Law of 30 June 1881 ' shall 
be made by two voters at least. 

The forms and regulations of this article, as well as those of Article 3, 
shall be observed. 

The members of Parliament elected or electors in the department, the 
senatorial electors, delegates and alternates, and the candidates or their repre- 
sentatives may alone be present at these meetings. 

The municipal authorities shall see to it that no other person is admitted. 

Delegates and alternates shall present as a means of identificHtion a certifi- 
cate from the mayor of the commune; candidates or their representatives, a 
certificate from the official who shall -have received the declaration mentioned 
in Paragraph 2. 

Art. 19. Every attempt at corruption or constraint by the employment of 
means enumerated in Articles 177 and following of the Penal Code, to in- 
fluence the vote of an elector or to keep him from voting, shall be punished by 
imprisonment of from three months to two years and by a fine of from 50 to SOD' 
francs, or by either of these penalties. 

Article 463 of the Penal Code is applicable to the penalties provided by the 
present article. 

Art. 23. Vacancies caused by the death or resignation of senators shall be 
filled within tliree months ; however, if the vacancy occurs within six months 
preceding the triennial elections, it shall not be filled until those elections. 

Art. 9. The following are repealed : 
*i. Articles 1-7 of the Law of 24 February 1875 on the organi- 
zation of the Senate. 

2. Articles 24 and 25 of the Law of 2 August 1875 on the elec- 
tions of senators.^ 

LAW OF 16 JUNE 1885.^ 

Amending the Electoral Law. 

Articles 1-3.* 

Art. 4. Members of families that have reigned in France are in- 
eligible to the Chamber of Deputies.^ 

Art. 5. No one shall be elected on the first ballot unless he 
receives : 

1. An absolute majority of the votes cast. 

2. A number of votes equal to one-fourth of the total number of 
voters registered. 

^ See above, p. 201, note 2. 

^ The transitory provisions of this law are omitted, because they are practically 
repeated in the Law of 26 December 1887 on parliamentary incompatibilities (see 
below, p. 214). 

* Promulgated in the Journal offioiel of 17 June 1885. 

* Articles 1, 2 and 3 of this law were repealed by the Law of 13 February 1889 
(see below, p. 214). 

' For similar provisions regarding the Presidency of the Republic and the Senate, 
see Article 2 of the Law of 14 August 1884 and Article 4 of the Law of 9 December 
1884 (see above, pp. 198, 211). Article 4 of the Law of 22 June 1886 prohibited every 
elective office to the members of families that have reigned in France. 



214 cojsrsTiTUTioisrs of the states at war. 

On the second ballot a plurality shall be sufficient. 

In case of an equality of votes, the oldest of the candidates isi 
elected. 

Art. 6. Subject to the case of a dissolution provided for and regu- 
lated by the Constitution, the general elections shall take place within 
the 60 days preceding the expiration of the powers of the Chamber 
of Deputies. 

Art. 7. Vacancies which occur in the six months x^receding the 
renewal of the Chamber shall not be filled. 

LAW OF 26 DECEMBER 1887.^ 
On Parliamentary Incompatibilities. 

Until the passage of a special law on parliamentary incompati- 
bilities, Articles 8 and 9 of the Law of 30 November 1875 shall be 
applicable to senatorial elections.^ 

Every officer affected by this provision who has had 20 yea^s of 
service and is 50 years of age at the time of his acceptance of the office 
of senator, may establish his rights to a proportional retiring pen- 
sion, which shall be governed by the third paragraph of Article 12 of 
the Law of 9 June 1853. 

LAW OF 13 FEBETJARY 1889.^ 
Reestablishing Single Districts for the Election of Deputies. 

Article 1. Articles 1, 2 and 3 of the Law of 16 June 1885 are re- 
pealed. 

Art. 2. Members of the Chamber of Deputies shall be elected by 
single districts. Each administrative arrondissement in the depart- 
ments, and each municipal arrondissement at Paris and at Lyons, shall 
elect one deputy. Arrondissements the population of which exceeds 
100,000 inhabitants shall elect an additional deputy for every 100,000 
or fraction of 100,000 inhabitants. Arrondissements in such cases 
shall be divided into districts, a table * of which is annexed to the 
present law and shall only be changed by law. 

Art. 3. One deputy is assigned to the territory of Belfort, 6 to 
Algeria and 10 to the colonies, as is indicated by the table. 

Art. 4. On and after the promulgation of the present law, until the 
renewal of the Chamber of Deputies, vacancies occurring in the 
Chamber of Deputies shall not be filled. 

1 Promulgated in the Journal ofliciel of 28 December 1887. 

2 See this law, p. 203 above ; see also Article 20 of the Law of 2 August 1875, p. 202 
above. 

3 Promulgated in the Journal officiel of 14 February 1889. 

* This table is omitted. It may be found in the Journal offl&iel of 14 February 1889 ; 
it has been modified by the Laws of 22 July 1893, 6 April 1898, 30 March 1902 and 
27 March 1914. 



FRANCE. 215 

LAW OF 17 JULY 1889/ 

On Multiple Candidatures. 

Article 1. No one shall be a candidate in more than one district. 
Arts. 2-6.^ 



^ Promulgated in the Journal offlciel of 18 July 1889. 

2 Formalities imposed upon candidates and penalties for their violation. 



GERMANY. 

From the dissolution of the Holy Roiiuin Empire in 1806 to the 
reconstruction of the German P^mpire in 1871 the constitutional his- 
tory of Germam^ may be divided into three distinct periods: (1) 
The preponderance of France (Confederation of the Rhine) ; (2) the 
preponderance of Austria (German Confederation) : and (3) the 
preponderance of Prussia (Xorth German Confederation). 

The Confederation of the Rhine, established in July 1806, included 
practically all of the German States except Austria and Prussia. 
With the fall of Napoleon it Avas replaced by the German Confedera- 
tion. The Confederation Act of 8 June 1815^ Avas amended by the 
\'^ienna Final Act of 15 May 1820.- which united the States for the 
repression of liberal principles. TTntil the revolution of 1848 the 
movement for German unity was confined largely to liberal theorists. 
This revolution forced tire governments to act. A German National 
Assembly met on 18 May 1848 and eventually adopted the Imperial 
Constitution of 28 March 1849. But by this time the liberal move- 
ment had begun to lose force. Austria had gained the victory over 
the revolutionary forces within its borders and firmly opposed any 
scheme which would give to Prussia the leadership of a united Ger- 
many. The German Confederation was reestablished and continued 
until Austria was expelled from Germany by force of arms. 

The Schleswig-Holstein affair led to an open conflict between 
Prussia and Austria in 1866. In the w^ar which followed, Austria 
and her allies among the small States w^ere signally defeated, and, 
by the Peace of Prague of 23 August 1866,^ Austria gave its " consent 
to the new organization of Germany without the participation of the 
Austrian Empire.'' The relations of the South German States to the 
ncAv Confederation of the North German States, which had been 
established on 10 June 1866, were to be established by future nego- 
tiations. With the adhesion of the four South German States to the 
Confederation, the latter became the German Empire. 

By the treaties with the South German States changes had been 
introduced into the Constitution of the North German Confederation; 



1 English translation in Edwaed HePlTSLET. Map of Europe hy Treaty, vol. i (London, 
1875), pp. 200—207. German text and French translation in parallel columns in the 
British and Foreign State Papers, 2 : pp. 114-136. 

2 English translation in Hertslet, op. cit., pp. 636-657. French translation in the 
British and Foreign State Papers. 7 : pp. 399-^14. 

^English translation in Hertslet^ op. cit., vol. in (London, 1875), pp. 1720-1726, and 
in the firitish and Foreif/n State Papers, 56 : pp. 1050—1054. 

217 
88381—19—15 



218 CONSTITUTIONS OF THE STATES AT WAR, 

and therefore the Constitution of the Empire was now contained in 
the following four documents : 

1. The Constitution of the North German Confederation of 16 
April-14 June 1867/ 

2. The Protocol of 15 November 1870 ^ between the North German 
Confederation, Baden and Hesse. 

3. The Treaty of 25 November 1870 ^ between the North German 
Confederation, Baden and Hesse on the one side and Wiirttemberg 
on the other. 

4. The Treaty of 23 November 1870 * concerning the adhesion of 
Bavaria to the North German Confederation. 

The Imperial Constitution of 16 April 1871 was practically a con- 
solidation of the permanent provisions of these four instruments. 
This Constitution has been amended 10 times since 1871, and in the 
text given below not only have these formal amendments been inserted 
in their proper places, but also many other important changes which 
the Constitution has undergone by means of addition of territory, 
interpretation in practice, and of ordinary legislation have been indi- 
cated in the footnotes.^ 



CONSTITUTION OF 16 APRIL 1871.« 

[Preamble.] 

His Majesty the King of Prussia, in the name of the North German 
Confederation, His Majesty the King of Bavaria, His Majesty the 
King of Wiirttemberg, His Royal Highness the Grand Duke of 
Baden, and His Eoyal Highness the Grand Duke of Hesse and Ehen- 
ish Hesse for those parts of the Grand Duchy of Hesse lying south 
of the Main, conclude an eternal Confederation for the protection 
of the federal territory, and of the rights of the same as well as for 
the promotion of the Avelfare of the German people. This Con- 
federation shall bear the name of the German Empire, and shall 
have the following Constitution. 

1 English translation in Hertslet, op. cit., pp. 1807-1828. 

2 English translation in the British and Foreif/n State Papers, 61 : pp. 110-11.3. 

3 English translation in the British and Foreign State Papers, 61 : pp. 128-131. 

4 English translation in the British and Foreign State Papers, 61: pp. 113-127. 

r. These introductor.y paragraphs are based upon W. F. Dodd, Modern Constitution>i 
(Chicago, 1909), vol. i, pp. 321-324, and F. R. Dareste et P. Dareste, Les Constitutions 
w,odernes (3d edition, Paris, 1910), vol. i, pp. 170-172. 

" German text in Felix Stoeek, Handbuch der deutschen Verfassungen (2d edition, by 
F. W. vox Rauchhaupt, Munich, 1913), pp. 8-25, and in Paul Posener, Die Staatsvrr- 
fassungen des Erdhalls (Charlottenburg, 1909), pp. 46-63. French translation in 
Dareste, op. cit., pp. 172-200. English translation in Dodd, op. cit., pp. 325-351, and by 
E. J. James in Foreign Constitutions [The Convention Manual of the Swth New York 
State Constitutional Convention, lS9i, part 2, vol. 3] (Albany, 1894), pp. 266-286. 
The translation given here is based on the one in Dodd, vsrhich has been brought up to 
■date by a comparison with Stoeek-Rauchhaupt. 



GERMANY. 219 

I. — Federal Territory. 

Article 1. The federal territory shall consist of the States of 
Prussia with Laiienburg, Bavaria, Saxony, Wiirttemberg, Baden, 
Hesse, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenbiirg-Strelitz, 
Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe- 
Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg- 
Sondershausen, Waldeck, Reuss, elder line, Reuss, younger line, 
Schauinburg-Lippe, Lippe, Liibeck, Bremen and Hamburg.^ 

II.— Legislation of the Empire. 

Art. 2. Within this federal territory the Empire shall exercise the 
right of legislation - in accordance with the provisions of this Consti- 
tution ; and the laws of the Empire shall take precedence of the laws 
of the States. The laws of the Empire shall receive their binding 
force by imperial promulgation, through the medium of a Reichs- 
gesetzhlatt [Imperial Gazette]. If no other time is designated for 
the published law to take elfect, it shall become effective on the four- 
teenth day after its publication in the Reichsgesetzhlatt at Berlin. 

Art. 3. There shall be a common citizenship for all Germany, and 
the members (subjects or citizens) of each State of the Confederation 
shall be treated in every other State as natives, and shall accordingly 
have the right of becoming permanent residents, of carrying on busi- 
ness, of filling public offices, of acquiring real estate, of obtaining 
citizenship and of enjoying all other civil rights under the same con- 
ditions as those born in the State, and shall also have the same treat- 
ment as regards judicial remedies and the protection of the laws. 

No German shall be limited in the exercise of these rights by the 
authorities of his native State or by the authorities of any other 
State of the Confederation. 

The regulations governing the care of paupers and their admission 
into the various local unions shall not. however, be affected by the 
jDrinciple enunciated in the first paragraph. 

In like manner, until further action, those treaties shall remain in 
force which have been concluded between the several States of the 
Confederation in relation to the taking over of persons liable to be 
•deported, the care of sick and the burial of deceased citizens. 

With respect to the performance of military service in the several 
States, the necessary laws will be passed by the Empire. 

1 The Duchy of Lauenburg was joined to the crown of Prussia 13 September 1865, and 
Incorporated in the Kingdom of Prussia by the Law of 23 June 1876. Alsace-Lorraine 
was joined to the Empire by the Law of 9 June 1871 and incorporated in the federal terri 
tory by the Law of 25 June 1873, Article 2. The Law of 9 June 1871 invested the Em 
peror with the exercise of the right of sovereignty over Alsace-Lorraine. The island o) 
Helgoland was incorporated in the federal territory by the Law of 15 December 189a 
Article 2. 

2 The Law of 2 May 1877 governs the exercise of the legislative power in Alsace 
Lorraine. 



220 CONSTITUTIOlSrS OF THE STATES AT WAR. 

As against foreign countries all Germans shall have an equal claim 
upon the protection of the Empire. 

Art. 4. The following matters shall be under the supervision of 
the Empire and subject to imperial legislation : 

1. Regulations concerning the freedom of migration/ matters 
of domicile and settlement,^ citizenship), passports,^ surveillance of 
foreigners, exercise of a profession,* including insurance,^ so far as 
these matters are not alreadj^ provided for by Article 3 of this Con- 
stitution ; in Bavaria, however, exclusive of matters relating to domi- 
cile and settlement,' and likewise matters relating to colonization and 
emigration to foreign countries.** 

2. Legislation concerning customs duties, commerce, and such 
taxes as are to be applied to the uses of the Empire." 

3. Regulation of the system of measures, coinage and weights,^ 
and the establishment of the principles for the issue of funded and 
unfunded paper monej^ 

4 General banking regulations.^ 

5. Patents for inventions." 

6. The protection of the ownership of intellectual works.^^ 

7. The organization of a general system of protection for Ger- 
man trade in foreign countries, of German navigation and of the 
German flag on the high seas, and the establishment of a common 
consular representation, which shall be maintained by the Empire. 

8. Railway matters, subject in Bavaria to the provisions of 
Article 46, and the construction of highways and waterways in the 
interests of national defense and of commerce in general, 

9. Rafting and navigation upon waterways common to several 
States, the condition of such waterways, taxes collectable upon rivers 
and other waterways, and also the signals of maritime navigation 
(beacons, buoys, lights and other signals) .^^ 

10. Postal and telegraph affairs; in Bavaria and Wlirttemberg, 
however, only in accordance with the provisions of Article 52. 

^ Law of 1 November 1867 on freedom of migration. 

- Law of 1 June 1870 on the acquisition and loss of federal nationality and State 
nationality. 

3 Law of 12 October 1867 on passports. 

* Law of 21 .June 1869 on industo', amended by numerous subsequent laws. 

^ Law of 15 June 1883 on workmen's health insurance (amended in 1892, 1900 and 
1903) ; Law of 30 June 1900 on workmen's accident insurance ; Law of 22 June 1889 on 
workmen's old age and disability insurance (completed by the Law of 13 July 1899). 

^ Law of 9 June 1897 on emigration. 

' See below. Articles 35 and 70. 

s Law of 4 December 1871 and Coinage Law of 9 July 1873 ; Ordinance of 17 August 
1868 on weights and measures (amended in 1873, 1884, 1893 and 1900). 

s Law of 7 June 1899. 

^"Law of 25 May 1877 on patents (amended by the Law of 7 April 1891) ; Law of 30 
November 1874 on the protection of trade-marks. 

" Law of 11 June 1870 on authors' rights. 

1- " And also . . . signals." J^dded by the Law of 3 March 1873. 



GERMANY. 221 

11. Regulations concerning the reciprocal execution of judicial 
sentences in civil cases and the execution of requisitions in general.^ 

12. Regulations concerning authentication of public documents.^ 

13. General legislation as to the whole domain of civil law,^ 
criminal law * and judicial procedure.^ 

14. The imperial military and naval affairs. 

15. Police regulation of medical and veterinary matters. 

16. Regulations concerning the press and the right of associa- 
tiou.*'' 

Art. o. The legislative power of the Empire shall be exercised by 
the Bundesrat and the Reichstag. A majority of the votes of both 
bodies shall be necessary and sufficient for the passage of a law. 

With respect to laws concerning the army, navy and the taxes 
specified in Article 35, the vote of the prmsidiuTn'' shall decide in 
case of a difference of opinion in the Bundesrat, if such vote be in 
faA'or of the maintenance of existing arrangements. 

III. — The Bundesrat. 

Art. 6. The Bundesrat shall consist of representatives of the mem- 
bers of the Confederation, among which the votes shall be divided 
in such manner that Prussia with the former votes of Hanover. 
Electoral Hesse, Holstein, Nassau and Frankfort shall have 17 
votes; Bavaria, 6; Saxony, 4; Wiirttemberg, 4; Baden, 3; Hesse, 3; 
Mecklenburg- Schwerin, 2; Saxe-Weimar, 1; Mecklenburg-Strelitz, 
1 ; Oldenburg, 1 ; Brunswick, 2 ; Saxe-Meiningen, 1 ; Saxe-Altenburg, 
1; Saxe-Coburg-Gotha, 1; Anhalt, 1; Schwarzburg-Rudolstadt, 1; 
Schwarzburg-Sondershausen, 1 ; Waldeck, 1 ; Reuss, elder line, 1 ; 
Reuss, younger line, 1 ; Schaumburg-Lippe, 1 ; Lippe, 1 ; Liibeck, 1 ; 
Bremen, 1; Hamburg, 1; total, 58 votes. 

Each member of the Confederation may appoint as many delegates 
to the Bundesrat as it has votes, but the votes of each State shall be 
cast only as a unit. 

Art. Q>aJ Alsace-Lorraine shall cast 3 votes in the Bundesrat so 
long as the provisions of Article 2. Section 1, and Section 2, Para- 
graphs 1 and 3, of the Law of 31 May 1911 concerning the Consti- 
turion of Alsace-Lorraine, remain in force. 

1 Law of 21 June 1869 on the reciprocal assistance of federal courts. 

2 Law of 1 May 1878 on tbe credibility due t > authentic acts. 

^ As amended by the Law of 20 December 1873. The original text read : " General 
legislation concerning the law of obligations, criminal law, the law of commerce and 
exchange, and judicial procedure." The Civil Code was promulgated 16 August 1896. 

* Penal Code of 15 May 1871, amended by numerous subsequent laws. 

= Code of Civil Procedure of 30 January 1877 ; Code of Penal Procedure of 1 February 
1877. 

" Law of 7 May 1874 on the press ; Law of 19 April 1908 on association. 

' I. e., of Prussia (see below, p. 223). 

8 Article 6a was inserted by the Law of 31 May 1911 (cf. Stoeuk-Ralchhaitt, oi). cit., 
pp. 10-11). 



222 . consrsTiTUTioNs of the states at wak. 

The votes of Alsace-Lorraine shall not be counted if the addition 
of these votes alone would give the majority to the presidential vote 
or would give it the deciding vote in the sense of Article 7, Para- 
graph 3, Sentence 3. The same shall hold good for the decisions 
upon amendments to the Constitution. 

Alsace-Lorraine shall be understood to be a State of the Con- 
federation in the sense of Article 6, Section 2, and of Articles 7 and 8. 

Art. 7. The Bundesrat shall ta;ke action: 

1. Upon the measures to be proposed to the Reichstag and the 
resolutions passed by the same. 

2. Upon the general administrative provisions and arrangements 
necessary for the execution of the imperial laws, so far as not other- 
wise provided for by imperial law. 

3. Upon the defects which may be discovered in the execution of 
the imperial laws or of the provisions and arrangements heretofore 
mentioned. 

Each member of the Confederation shall have the right to make 
propositions and introduce motions, and it shall be the duty of the 
prsesidium to submit them for deliberation. 

Decision shall be reached by simple majority, with the exceptions 
provided for by Articles 5, 37 and 78. Votes not represented or not 
instructed shall not be counted. In the case of a tie, the vote of 
the prsesidium shall decide. 

In decisions upon a subject which, according to the provisions of 
this Constitution, does not concern the whole Empire, only the votes 
of those States of the Confederation interested in the matter in 
question shall be counted. 

Art. 8. The Bundesrat shall appoint from its own members per- 
manent committees: 

1. On the army and the fortifications. 

2. On marine affairs. 

3. On customs duties and taxes. 

4. On commerce and trade. 

5. On railroads, posts and telegraphs. 

6. On judicial affairs. 

7. On accounts.^ 

In each of these committees there shall be representatives of at 
least four States of the Confederation, besides the prsesidium, and 
each State shall be entitled to only one vote therein. In the Com- 
mittee on the Army and Fortifications Bavaria shall have a perma- 
nent seat; the remaining members of this Committee, as well as the 
members of the Committee on Marine Affairs, shall be appointed by 

1 Five other permanent committees derive their personnel from the membership of 
the Bundesrat : 

8. On foreign affairs. 11- On the order of business. 

9. On Alsace-Lorraine. 12. On railway freight tariffs. 
10. On the Constitution. 



CKHMAXY. 223 

the Emperor; the members of the other committees shall be elected 
by the Bimdesrat. These committees shall be newly formed at each 
session of the Bundesrat, i. e., each year, and the retiring members 
shall be eligible for reelection. 

A Committee on Foreign Affairs, over which Bavaria shall preside, 
Mhall also be appointed in the Bundesrat; it shall be composed of 
the plenipotentiaries of the Kingdoms of Bavaria, Saxon}^ and 
Wiirttemburg and of two plenipotentiaries of the other States of the 
Empire, who shall be elected annually by the Bundesrat. 

The employees necessary for the conduct of their work shall be 
placed at the disposal of the committees. 

Art. 9. Each member of the Bundesrat shall have the right to 
appear in the Reichstag, and must be heard there at any time he 
shall so request, in order to represent the views of his government, 
even when such views shall not have been adopted by the majority 
of the Bundesrat. No one shall at the same time be a member of 
tlie Bundesrat and of the Eeichstag. 

Art. 10. The Emperor shall afford the customary diplomatic pro- 
tection to tlie members of the Bundesrat. 

IV. — The Presidency. 

Art. 11. The presidency {prcpsidimn) of the Confederation shall 
belong to the King of Prussia, who shall bear the title of German Em- 
peror. It shall be the duty of the Elmperor to represent the Empire 
among nations, to declare war and to conclude peace in the name 
of the Empire, to enter into alliances and other treaties with foreign 
countries, to accredit and receive ambassadors. 

For a declaration of war in the name of the Empire, the consent 
of the Bundesrat is required, unless an attack is made upon the fed- 
eral territory or its coasts. 

So far as treaties with foreign countries relate to matters which, 
according to Article 4, are to be regulated by imperial legislation, the 
consent of the Bundesrat shall be required for their conclusion, and 
the approval of the Eeichstag shall be necessary to render them valid. 

Art. 12. The Emperor shall have the right to convene, open, ad- 
journ and close the Bundesrat and the Reichstag. 

Art. 13. The Bundesrat and the Reichstag shall be convened an- 
nually, and the Bundesrat may be called together for the preparation 
of business without the Reichstag; the latter, however, shall not be 
convened without the Bundesrat. 

Art. 14. The Bundesrat shall be convened whenever a meeting is 
demanded by one third of the total number of votes. 

Art. 15. The Imperial Chancellor, to be appointed by the Em- 
peror, shall preside in the Bundesrat and supervise the conduct of its 
business. 



224 coNSTiTUTiosrs of the states at war. 

The Imperial Chancellor shall have the right to delegate the power 
to represent him to any other member of the Bimdesrat ; this delega- 
tion shall be made in writing/ 

Art. 16. The necessary bills shall be laid before the Reichstag in 
the name of the Emperor, in accordance with the resolutions of the 
Bundesrat, and shall be advocated in the Reichstag by members of 
the Bundesrat or by special commissioners appointed by the latter. 

Art. it. It shall be the duty of the Emperor to prepare and pub- 
lish the laws of the Empire and to supervise their execution. The 
decrees and ordinances of the Emperor shall be issued in the name of 
the Empire and shall require for their validity the countersignature 
of the Imperial Chancellor, who thereby assumes the responsibility 
for them.^ 

Art. 18. The Emperor shall appoint Imperial officials, cause them 
to take the oath to the Empire and dismiss them when necessary. 

Officials of any one of the States of the Confederation, who shall 
be appointed to any Imperial office, shall enjoy, w^ith reference to the 
Empire, the same rights as those to which they are entitled in their 
native State by virtue of their official position, provided that no other 
legislatiA^e provision shall have been made previous to their entrance 
into the service of the Empire.^ 

Art. 19. If the States of the Confederation do not fulfill their con- 
stitutional duties, they may be compelled to do so by execution. This 
execution shall be decided upon by the Bundesrat and carried out by 
the Emperor. 

V. — The Reichstag. 

Art. 20. The Reichstag shall be elected by universal and direct 
suffrage on secret ballot. 

Until regulation by law, the power to make such regulation being 
reserved by Section 5 of the Electoral Law of 31 May 1869 {Bundes- 
gesetzblatt^ 1869, page 145), 48 deputies shall be elected in Bavaria, 
IT in Wiirttemberg, 14 in Baden, 6 in Hesse south of the River Main, 
and the total number shall consequently be 382.* 

1 The Law of 17 March 1878 authorized the Imperial Chancellor to delegate various 
functions of imperial administration. , 

2 Bj' the Law of 17 March 1878, the countersignature may be made by an authorized 
representative of the Imperial Chancellor. 

s Law of 31 March 1873 on the rights and duties of imperial officials (amended in 
1886, 1887, 1893, 1903 and 1905. There are nine departments : Foreign Affairs, Interior, 
Marine, Posts, Treasury, Railroads, Imperial Railroads, Banks, .lustice. 

* Including, that is to say, those deputies returned by the States of the North German 
Confederation. By the Law of 25 June 1873, 15 additional members are elected from 
Alsace-Lorraine, making the total number 397, the remaining 297 being distributed as 
follows : 

Prussia, 235 ; Saxony, 23 ; Mecklenburg-Schwerin, 6 ; Hesse, Saxe- Weimar. Oldenburg. 
Brunswick, and Hamburg, 3 each ; Saxe-Meiningen, Saxe-Coburg-Gotha, and Anhalt, 2 
each ; the rest, 1 each. 

With certain minor exceptions every male German of the age of 25 years may vote 
for members of and may be elected to the Reichstag. 



GERMANY. 225 

Art. 21. No leave of absence shall be required for public officials 
to enter the Reichstag. 

When a member of the Reichstag accepts a salaried office of the 
Empire, or a salaried office in one of the States of the Confederation, 
or accepts any office of the Empire or of a State involving higher 
rank or salary, he shall forfeit his seat and vote in the Reichstag and 
may recover his place in the same only by a new election. 

Art. 22. The proceedings of the Reichstag shall be public. 

No one shall be held responsible for truthful reports of the pro- 
ceedings of the public sessions of the Reichstag. 

Art. 23. The Reichstag shall have the right to propose laws with- 
in the competence of the Empire and to refer petitions addressed 
to it to the Bundesrat or the Chancellor of the Empire. 

Art. 24. The term of the Reichstag shall be five years.^ To dis- 
solve the Reichstag during that time, a resolution of the Bundesrat, 
with the consent of the Emperor, is required. 

Art. 25. In case of the dissolution of the Reichstag, new elections 
shall take place witlnn a period of 60 days, and the Reichstag shall 
be called together within a period of 90 days after its dissolution. 

Art. 26. Without the consent of the Reichstag, an adjournuient 
of that body shall not exceed the period of 30 days and shall not 
be repeated during the same session. 

Art. 27. The Reichstag shall examine into the legality of the elec- 
tion of its members and decide thereon. It shall regulate its own 
procedure and its own discipline, through its order of business, and 
elect its president, vice-presidents and secretaries. 

Art. 28. The Reichstag shall take action by absolute majority. 
To render any action valid, the presence of a majority of the statu- 
tory number of members is required. - 

Art. 29. The members of the Reichstag are the representatives of 
the people as a whole and shall not be bound by orders or instruc- 
tions. 

Art. 30. No member of the Reichstag shall at any time suffer legal 
or disciplinary prosecution on account of his vote or on account of 
utterances made while in the performance of his functions, or be held 
responsible in any other Avay outside of the Reichstag. 

Art. 31. Without the consent of the Reichstag, no one of its mem- 
bers shall be tried or arrested during the session for any penal offense, 

1 As amt'iicU^d l)y the Law of 19 Match 1S88. Originally the term was three years. 

"Tho second paragraph of this article was repealed by the Law of 24 February 1873. 
It read as follows : " In decisions of a matter which, according to this Constitution, does 
not concern the entire Empire, only such members shall vote as are elected from States 
whose interests are affected by the proposition." Cf. the last paragraph of Article 7, 
p. 2'22, above. 



226 CONSTITUTIONS OF THE STATES AT WAK. 

unless he be taken in the commission of the offense, or during the 
course of the following day. 

Like consent shall be required in the case of arrest for debt.^ 
At the request of the Reichstag all criminal proceedings instituted 
against one of its members and all detentions for judicial inquiry 
or in civil cases shall be suspended during its session. 

Art. 32. The members of the Reichstag as such shall receive no 
salary. They shall receive an indemnity in accordance with the pro- 
visions of law.^ 

VI. — Customs and Commerce. 

Art. 33. Germany shall form one customs and commercial terri- 
tory, having a common frontier for the collection of duties. Such 
parts of the territory as can not, by reason of their situation, be suit- 
ably embraced within the customs frontier, shall be excluded. 

All articles which are the subject of free traffic in one State of the 
Confederation may be brought into any other State, and in the latter 
shall be subject only to such internal taxes as are imposed upon 
similar domestic productions. 

Art. 34. The Hanse cities, Bremen and Hamburg, together with 
a part of their own or of the surrounding territory suitable for such 
purpose, shall remain free ports outside of the common customs 
frontier, until they request admission within such frontier. 

Art. 35. The Empire shall have the exclusive power to legislate 
concerning everything relating to the customs, concerning the taxa- 
tion of salt and tobacco produced in the federal territory, of domestic 
brandy and beer and of sugar and sirup prepared from beets or other 
domestic products, concerning the mutual protection against fraud 
with reference to all taxes upon articles of consumption levied in the 
several States of the Confederation, as well as concerning the meas- 
ures which may be required in the territory, outside the customs 
boundaries, for the security of the common customs frontier. 

In Bavaria, Wiirttemberg and Baden, the matter of taxing domes- 
tic brandy and beer shall remain reserved to the legislation of the 
States. The States of the Confederation shall, however, endeavor to 
bring about uniform legislation regarding the taxation of these 
articles also. 

Art. 36. The administration and collection of customs duties and 
of the taxes on articles of consumption (Article 35) shall be left to 

^ Law of 29 May 1868 on the abolition of imprisonment for debt. 

^ As amended by the Law of 21 May 1906. Article 32, as originally worded, forbade 
any salary or indemnity to members of the Reichstag. A law of 21 May 1906 provides 
that meml>ers of the Reichstag shall receive: (1) Free transportation on the German 
railways during the sessions of the Reichstag and for 8 days before the beginning of and 
8 day,s after the close of each session ; and (2) a yearly indemnity of 3,000 marks. 



GERMANY. 227 

each State of the Confederation within its own territory, so far as 
these functions have heretofore been exercised by each State. 

The Emperor shall superintend the observance of legal methods 
b}^ means of imperial officers whom he shall appoint, after consulting 
the Committee of the Bundesrat on Customs Duties and Taxes, to act 
in cooperation with the customs or tax officials and Avith the directive 
boards of the several States. 

Reports made by these officers concerning defects in the adminis- 
tration of the joint legislation (Article 35) shall be submitted to the 
Bundesrat for action. 

Art. 37. In taking action upon the rules and regulations for the 
execution of the joint legislation (Article 3.5), the vote of the praesi- 
dium shall decide when it is cast in favor of maintaining the existing 
rule or regulation. 

Art. 38. The revenues from customs and from the other taxes 
designated in Article 35, so far as the latter are subject to imperial 
legislation, shall go to the treasury of the Empire. 

Such revenues shall consist of the total receipts from the customs 
and the other taxes, after deducting therefrom: 

1. Tax rebates and reductions in conformity with existing laws 
or general administrative regulations. 

2. Reimbursements for taxes improperly collected. 

3. The costs of collection and of administration, viz : 

a. In case of the customs, the costs which are required for 
the protection and collection of customs on the frontiers and in the 
frontier districts. 

h. For the salt tax, the costs which are incurred for the salaries 
of the officers charged with the collection and control of this tax at 
the salt works. 

c. For the taxes on beet sugar and on tobacco, the compensa- 
tion which is to be allowed, according to the existing rules of the 
Bundesrat, to the several State governments for the cost of adminis- 
tering these taxes. 

(1. Fifteen per cent of the total receipts from other taxes. 

The territories situated outside of the common customs frontier 
shall contribute to the expenses of the Empire by payment of a pro- 
portional sum (aversum). 

Bavaria, Wiirttemberg and Baden shall not share in the revenues 
which go into the treasury of the Empire from duties on brandy 
and beer, nor in the portion of the aforesaid proportional sum cor- 
responding to these revenues. 

The provision of Article 38, Paragraph 2, Number 3 d, of the 
Imperial Constitution is repealed, in so far as it relates to the tax on 
breweries. The compensation to be allowed to the States for the 



228 coNSTiTUTioisrs of the states at war. 

expense of collecting and administering the tax on breweries shall 
be fixed by the Bundesrat.'^ 

Art. 39. The quarterly extracts, made at the end of each quarter 
by the revenue boards of the States of the Confederation, and the 
final statements, made at the end of the year after the closing of the 
accounts, of the receipts which have become due in the course of the 
quarter, or during the fiscal year, from customs and from taxes on 
consumption which, according to Article 38, belong to the treasury 
of the Empire, shall, after a preliminary audit, be assembled in 
general summaries by the directive boards of the various States. 
Each tax shall be separately entered, and these summaries shall be 
transmitted to the Committee of Accounts of the Bundesrat. 

The latter, upon the basis of these summaries, shall fix provision- 
ally every three months the amounts due to the imperial treasury 
from the treasury of each State, and it shall inform the Bundesrat 
and the States of the amounts so fixed ; furthermore, it shall submit 
to the Bundesrat annually the final statement of these amounts with 
its remarks. The Bundesrat shall take action upon the determination 
of such amounts. 

Art. 40. The terms of the Customs Union Treaty of 8 July 1867,- 
shall remain in force, so far as they have not been altered by the 
provisions of this Constitution and so long as they are not altered 
in the manner designated in Articles 7 or 78. 

VII.— Railways. 

Art. 41. Railways, which are considered necessarj^ for the defense 
of Germany or in the interest of general commerce, may, by force 
of imperial laM^, be constructed at the expense of the Empire, even 
against the opposition of the members of the Union through whose 
territory the railroads run, without prejudice, however, to the sov- 
ereign rights of the States; or private persons may be granted the 
right to construct railways and receive the right of eminent domain. 

Every existing railway is bound to permit new railroad lines to be 
connected with it, at the expense of the said new lines. 

All laws which grant existing railway undertakings the right tc 
prevent the building of parallel or competitive lines are hereby re- 
pealed throughout the Empire, without prejudice to rights already 
acquired. Such rights of prevention shall not be granted in future 
concessions. 

Art. 42. The governments of the States of the Confederation bind 
themselves, in the interest of general commerce, to manage the 
German railways as one system, and for this purpose to have all new 
lines constructed and equipped according to a uniform plan. 

1 This last paragraph was added by the Law of 3 June 1906. 

2 Law of 27 May 1885 modifying the Customs Union Treaty of 8 July 1867. 



GERM AX Y. 229 

Art. 43. Accordingly, as soon as possible, uniform arrangements 
as to operation shall be made, and especially shall uniform regula- 
tions be adopted for the police of railways.^ The Empire shall take 
care that the various railway administrations keep the roads at all 
times in such condition as is necessary for public security and furnish 
them with such equipment as the needs of traffic may require. 

Art. 4-1. Railway administrations are bound to establish as many 
passenger trains of suitable speed as ma}' be required for through 
traffic and for the establishment of harmony between time tables; 
also to establish such freight trains as may be necessary for the trans- 
port of goods and to organize a system of through forAvarding both 
in passenger and freight traffic, permitting rolling stock to go from 
one road to another for the usual remuneration. 

Art. 45. The Empire shall have control of the tariff of charges. It 
shall especially exert itself to the end: 

1. That uniform regulations as to operation ])e introduced as 
soon as possible on all (ierman railway lines. 

2. That the tariff be reduced and made uniform as far as pos- 
sible, and* particularly that in the long-distance transportation of 
coal, coke, wood, ores, stone, salt, pig-iron, manure, and similar 
articles, a tariff be introduced suitably modified in the interests of 
agriculture and industry ; and that the 1-pfennig tariff be introduced 
as soon as practicable. 

Art. 46. In case of public distress, especially in case of an extraor- 
dinary rise in the price of provisions, it shall be the duty of the rail- 
way administrations to adopt temporarily a low special tariff suited 
to the circumstances, to be fixed by the Emperor on motion of the 
competent committee of the Bundesrat, for the transport of grain, 
flour, legumes and potatoes. This tariff shall, however, not be lower 
than the lowest existing rate for raw produce on the said line. 

The foregoing provisions, and those of Articles 42-45, shall not 
apply to Bavaria. 

The Empire, however, shall have the power, with respect to 
Bavaria also, to establish by means of legislation uniform standards 
for the construction and equipment of railways which may be of 
importance for the defense of the country. 

Art. 47. The managers of all railways shall be required to obey, 
without hesitation, requisitions made by the authorities of the Empire 
for the use of their roads for the defense of German3\ In particular 
shall troops and all materials of war be forwarded at uniformly re- 
duced rates. 

1 The j-egulations, which are very numerous, as listed in A. Arndt, Verfassung des 
(IcittNchen Reichs (3d edition, Berlin, 1907), p. 263. 



230 CON^STITUTIONS OF THE STATES AT WAR. 

VIII. — Post and Telegraph. 

Art. 48. The postal and telegraphic systems shall be organized 
and managed on a uniform plan, as State institutions throughout the 
German Empire. 

The legislation of the Empire in regard to postal and telegraphic 
affairs, provided for in Article 4, shall not extend to those matters the 
control of which is left to governmental ordinance or administrative 
regulation, according to the principles which have prevailed in the 
administration of post and telegraph by the North German Con- 
federation. 

Art. 49. The receipts from post and telegraph throughout the 
Empire shall belong to a common fund. The expenses shall be paid 
from the general receipts. The surplus shall go into the imperial 
treasury (Section XII). 

Art. 50. The Emperor shall have the supreme supervision of the 
administration of post and telegraph. The officers appointed by him 
shall have the duty and the right to see to it that uniformity be estab- 
lished and maintained in the organization of the administration and 
in the conduct of business, as well as in the qualificatiotis of em- 
ployees. 

The Emperor shall have the power to issue governmental instruc- 
tions and general administrative regulations, and also the exclusive 
right to regulate the relations with the postal and telegraphic systems 
of other countries. 

It shall be the duty of all officers of the postal and telegraphic 
administration to obey the orders of the Emperor. This obligation 
shall be assumed in the oath of office. 

The appointment of such superior officers as shall be required for 
the administration of the post and telegraph in the various districts 
(such as directors, counselors, superintendents), furthermore, the 
iippointment of officers of the post and telegi^aph acting in the capac- 
ity of organs of the aforesaid authorities as supervisors or for other 
services in the several districts (such as inspectors, controllers), 
shall be made throughout the Empire by the Emperor, to whom such 
officers shall take the oath of office. The governments of the several 
States shall receive timely notice of the aforementioned appointments, 
so far as they may relate to their territories, so that they may officially 
confirm and publish them. 

Other officers required in the administration of the post and tele- 
graph, as well as all those employed for local and technical work, 
including the officials in the local offices, and so forth, shall be ap- 
pointed by the governments of the respective States. 

Where there is no independent State administration of post or tele- 
graph, the terms of special treaties shall control. 



GERMANY. 231 

Art. 51.^ 

Art. 52. Tlie provisions of the foregoing Articles 48-.51 shall not 
apply to Bavaria and Wiirttemberg. In their place the following 
provisions shall be valid for these two States of the Empire : 

The Empire shall have the exclusive power to legislate iii)on the 
privileges of the post and telegraph, upon the legal relations of both 
institutions to the pul)lic, upon the franking privilege and the ])ostal 
rates, excepting, however, the adoption of administrative regulations 
and of rates for the internal comiuunioation within Bavaria and 
"Wiirttemberg, respectively ; and, under like limitations, upon the 
fixing of charges for telegraphic correspondence. 

In the same manner, the Empire shall have the regulation of postal 
and telegraphic communication with foreign countries, excepting the 
innnediate intercourse of Bavaria and Wiirttemberg with neighbor- 
ing States not belonging to the Empire, the regulation of which 
shall be subject to the provisions of Article 49 of the Postal Treaty 
of 23 November 1867.2 

Bavaria and Wiirttemberg shall not share in the postal and tele- 
graphic receipts coming into the treasury of the Empire, 

IX. — Marine axd Xavigation. 

Art. 53. The navy of the Empire shall be a united one, under the 
supreme command of the Emperor. The Emperor is charged with 
its organization and construction; he shall appoint the officers and 
employees of the navy, and they and the seamen shall take an oath 
of obedience to him. 

The harbor of Kiel and the harbor of the Jade shall be imperial 
naval ports. 

The expense required for the establishment and maintenance of 
the navy and of the institutions connected therewith shall be de- 
fra3'ed from the treasiu'y of the Empire. 

All seafaring men of the Empire, including machinists and arti- 
sans employed in ship-building, are exempt from service in the army, 
but are liable to service in the imperial navy." 

Art. 54. The merchant vessels of all States of the Confederation 
shall form a united merchant marine. 

^Article 51 governed, for the first eight years, a special method of computing postal 
surpluses. At the expiration of these eight years, the total surplus was to be turned into 
the imperial treasury. 

-This ]iostal treaty was between the North (Jerman Confederation, Bavaria. Wiirttem- 
berg and Baden. 

"Paragraph 5 of Article 53 was repealed by the T-aw of 26 May 1893. It read as 
follows: ''The apportionment of requisitions to supply the ranks of the navy shall be 
made according to the actual seafaring population, and the number furnished in accord- 
ance herewith by each State shall be deducted from the number otherwise required for 
ithe army." 



232 CONSTITUTIONS OF THE STATES AT WAK. 

The Empire shall determine the process for ascertaining the ton- 
nage of seagoing vessels, shall regulate the issuance of bills of ton- 
nage and of ship certificates, and shall fix the conditions upon which 
a license to command a seagoing vessel shall be granted. 

The merchant vessels of all the States of the Confederation shall 
be admitted on equal footing to the harbors and all natural and 
artificial watercourses of the several States of the Confederation, and 
shall be accorded similar treatment therein. The fees which may be 
collected in harbors, from sea going vessels or from their cargoes, for 
the use of marine institutions, shall not exceed the amount necessary 
for the maintenance and ordinary repair of these institutions. 

On all natural watercourses taxes may be levied only for the use 
of special institutions which serve to facilitate commercial inter- 
course. These taxes, as well as the charge for navigating such arti- 
ficial channels as are the property of the State, shall not exceed the 
amount required for the maintenance and ordinary repair of such 
institutions and establishments. These provisions shall apph' to 
rafting, in so far as it is carried on along navigable watercourses. 

The power to lay other or higher taxes upon foreign vessels or their 
cargoes than those which are paid by the vessels of the States of the 
Confederation or their cargoes shall belong only to the Empire and 
not to the separate States. 

Art. 55. The flag of the naval and merchant marine is black, white 
and red. 

X. — Consular Affairs. 

Art. 56. The Emperor shall have the supervision of all consular 
affairs of the German Empire, and he shall appoint consuls, after 
hearing the Committee of the Bundesrat on Trade and Commerce. 

No new State consulates shall be established within the districts 
covered by German consuls. German consuls shall perforin the 
functions of State consuls for the States of the Confederation not 
represented in their districts. All the State consulates now existing 
shall be abolished as soon as the organization of the German con- 
sulates shall be completed in such a manner that the representation of 
the separate interests of all the States of the Confederation shall be 
recognized by the Bundesrat as satisfactorily secured by the German 
'consulates. 

XL — ^Military Affairs of the Empire* 

Art. 67. Every German is liable to military duty,^ and in the dis- 
charge of this duty no substitute shall be accepted. 

Art. 58. The costs and the burden of the entire military system of 
the Empire shall be borne equally by all the States of the Confeder- 

^ Law of 9 November 1807 on the obligation of military service. 



GERMANY. 233 

ation and their subjects, so that neither special privilefjes nor bur>!ens 
upon particuhir States or chisses are in principle permissible. Where 
an equal distribution of the burdens can not be elfected in natinu 
Avithout prejudice to the public welfare, the equalization shall be 
effected by legislation in accordance Avith the i)rinciples of justice. 

Art. 59. Every German capable of bearing arms shall belong for 
seven years to the standing army, as a rule from the end of his 20th 
to the beginning of his 28th year ; during the next five years ho shall 
belong to the national guard {Landioehr) of first summons, and then 
to the national guard of second summons until 31 March of the calen- 
dar 3^ear in which he reaches the age of 39 years. * 

During the period of service in the standing army the members 
of the cavalry and of the mounted field artillery are required to 
serve the first three years, and all other forces the first two years, in 
unbroken active service. 

As regards the emigration of men belonging to the reserve, only 
those provisions shall be in force which apply to the emigration of 
members of the national guard {Landwehr) .'^ 

Art. 60. The effective strength of the German army in time of 
peace shall be fixed, until 31 December 1871, at 1 per cent of the 
population of 1867, and shall be furnished pro rata by the several 
States of the Confederation. After the above date the effective 
strength of the army in time of peace shall be fixed by imperial 
legislation. 

Art. 61. After the publication of this Constitution the entire Prus- 
sian system of military legislation shall be introduced without delay 
throughout the Empire, both the statutes themselves and the regu- 
lations, instructions and rescripts issued for their execution, expla- 
nation or completion ; especially the Military Penal Code of 3 April 
1845; the Law of Military Penal Procedure of 3 April 1845; the 
ordinance of 20 July 1843 concerning the courts of honor ; the regu- 
lations with respect to recruiting, time cf service, matters relating to 
quarters and subsistence, to the quartering of troops, to compensation 
for injury done to fields, to mobilization of troops, etc., in times of 
peace and Avar. The military ordinance relating to religious ob- 
servances is, however, excepted. 

When a uniform organization of the German army for way pur- 
poses shall have been established, a comprehensive military code for 
the Empire shall be submitted to tlie Reichstag and the Bundesrat 
for their action, in accordance Avitli the Constitution. 

Airr. 62. For the purpose of defraying the expenses of the whole 
German army, and of the institutions connected thereAvith, the sum 
of 225 thalers for each man in the army on the peace footing accord- 

1 This article is given as amended by the Laws of 11 February 1888 and 15 Aoril 1905. 
88381—19 16 



234 CONSTITUTIONS OF THE STATES AT WAR. 

ing to Article 60, shall be annually placed at the disposal of the 
Emperor until 31 December 1871. (See Section XII.) 

After 31 December 1871, the several States of the Confederation 
shall pay these contributions into the imperial treasury. Until it is 
altered by an imperial law, the strength of the army in time of peace, 
as temporarily fixed in Article 60, shall be taken as a basis for calcu- 
iating the amounts of such contributions. 

The expenditure of these sums for the imperial army and its 
establishments shall be fixed by the budgetary law. 

In determining the budget of military expenditure, the organiza- 
tiort of the imperial army, legally established in accordance with this 
Constitution, shall be taken as a basis. 

Art. 63. The total land force of the Empire shall form one army, 
which shall be under the command of the Emperor, in war and in 
peace. 

The regiments, etc., throughout the whole German army shall bear 
continuous numbers. As to the uniform, the primary colors and cut 
of the royal Prussian army shall be the standard. It is left to com- 
manders of the several contingents to determine upon external marks 
of distinction (cockades, etc.). 

It shall be the dutj^ and right of the Emperor to take care that 
throughout the German army all divisions be kept complete and 
ready to take the field, and that uniformity be established and main- 
tained in regard to organization and formation, equipment and com- 
mand, the training of the men and the qualifications of the officers. 
For this purpose the Emperor shall have authority to satisfy himself 
at any time, by inspection, of the condition of the several contingents, 
and to order the correction of defects disclosed by such inspection. 

The Emperor shall determine the strength, composition and di- 
vision of the contingents of the imperial army, and also the organi- 
zation of the national guard {Lancluyehr) ^ and he shall have the 
right to determine the garrisons within the federal territory, as also 
to order any portion of the imperial army held in readiness for war. 

In order to maintain the indispensable unity in the administration, 
care, arming and equipment of all divisions of the German army, 
all orders relating to these matters hereafter issued to the Prussian 
army shall be communicated, for their proper observance, to tiie 
comuianders of the other contingents, through the Committee on the 
Army and Fortifications provided for by Article 8, No. 1. 

Akt. 64. All German troops are bound to render unconditional 
obedience to the commands of the Emperor. This obligation shall be 
included in the military oath. 

The commander-in-chief of a contingent, as well as all officers com- 
manding troops of more than one contingent, and all commanders of 
fortresses, shall be appointed by the Emperor. The officers appointed 



GERMANY. 235 

by the Emperor shall take the military oath to him. The appoint- 
ment of generals, and of officers performing the duties of generals 
within a contingent, shall in every case be subject to the approval of 
the Emperor. 

In the transfer of officers, with or without promotion, to positions 
\A hich are to be filled by him in the service of the Empire, be it in 
the Prussian army or in other contingents, the Emperor shall have 
the right to select from the officers of all the contingents of the impe- 
rial army. 

Art. 05. The right to construct fortresses within the federal terri- 
tory shall belong to the Emperor, who shall ask in accordance with 
Section XII for the grant of the means required for that purpose, 
unless it has already been included in the regular appropriation. 

Art. 66. Where special conventions do not provide otherwise, the 
princes of the Confederation and the senates shall appoint the officers 
of their respective contingents, subject to the restriction of Article 64. 
They shall be the heads of all of the divisions of troops belonging to 
their territories, and shall enjoy the honors connected therewith. 
They shall have particularly the right to hold inspections at any 
time, and shall receive, besides the regular reports and announce- 
ments of changes to be made, timely information of all promotions 
and appointments concerning their respective contingents, in order 
to provide for the necessar}^ publication of such information by 
State authority. 

They shall also have the right, for police purposes, not only to 
employ their own troops, but also to requisition all other divisions 
of the imperial army which may be stationed in their respective 
territories. 

Art. 67. Unexpended portions of the military appropriation shall 
under no circumstances fall to the share of a single government, 
but at all times to the imperial treasury. 

Art. 68. The Emperor shall have the power, if public security 
within the federal territory is threatened, to declare martial law in 
p.ny part of the Empire. Until the publication of a law regulating 
the occasions, the form of announcement and the effects of such a 
declaration, the provisions of the Prussian Law of 4 June 1851 shall 
be in force {Gesetz-Sammlung , 1851, p. 451 ff.) 

FINAL PROVISION OF SECTION XI. 

The provisions contained in this section shall be applied in Ba- 
varia, in accordance with the more detailed provisions of the Treaty 
of Alliance of 23 November 1870 ^ {BundesgesetzUatt, 1871, p. 9), 
under III, § 5; in Wiirttemberg, in accordance with the more de- 

^ See above, p. 218. note 4. 



236 CONSTITUTIONS OF THE STATES AT WAE. 

tailed provisions of the Military Convention of 21-25 November 
18701 {Bundesgesetzblatt, 1870, p. 658). 

XII. Finances of the Empike. 

Art. 69. All receipts and expenditures of the Empire shall be 
estimated for each year, and included in the imperial budget. The 
latter shall be fixed by law before the beginning of the fiscal year, in 
accordance with the following principles. 

Art. 70. For the defrayal of all common expenses there shall serve 
first of all the joint revenues derived from customs duties, from com- 
mon taxes, from the railway, postal and telegraphic systems, and 
from the other branches of the administration. In so far as the ex- 
penditures are not covered by such receipts, they shall be met by con- 
tributions from the several States of the Confederation in proportion 
to their population, such contributions to be fixed by the Imperial 
Chancellor, with reference to the total amount established by the 
budget. In so far as these contributions are not used, they shall be 
repaid to the States at the end of the year, in proportion as the other 
regular receipts of the Empire exceed its needs. 

Any surpluses from preceding years shall be used, in so far as the 
imperial budgetary law does not otherwise provide, for defraying 
the joint extraordinary expenses.^ 

Art. 71. The general appropriations shall, as. a rule, be granted 
for one year; they may, however, in special cases, be granted for a 
longer period. 

During the period of transition fixed by Article 60, the properly 
classified budget of the expenditures of the army shall be laid before 
the Bundesrat and the Eeichstag merely for their information. 

Art. 72. For the purpose of discharge an annual report of the 
expenditure of all the revenues of the Empire shall be presented, 
through the Imperial Chancellor, to the Bundesrat and the Eeichstag, 
for their approval. 

Art. 73. In cases of extraordinary need, a loan may be contracted 
or a guaranty assumed as a charge upon the Empire, by means of 
imperial legislation. 



FINAL PEOVISION OF SECTION SII. 



Articles 69 and 71 shall apply to expenditures for the Bavarian 
army only according to the provisions of the Treaty of 23 November 
1870, mentioned in the final provision of Section XI ; and Article 72 
shall apply only to the extent that the Bundesrat and the Reichstag 

1 English translation in the Britisli and Foreign State Papers, 61 : pp. 131-135. 

2 As amended by the Laws of 14 May 1904 and 3 June 1906. 



GERMANY. 237 

shall be informed that the sum necessary for the Bavarian army has 
been assigned to Bavaria. 

XIII. — Settlement of Disputes and Penal Provisions. 

Art. 74. Every attempt against the existence, the integrity, the 
security or the Constitution of the German Empire; finally, any 
offense committed against the Bimdesrat, Reichstag, a member of the 
Bimdesrat or of the Reichstag, an authority or a public officer of the 
Empire, -svhile in the execution of their duty or with reference to 
their official position, by word, writing, printing, drawing, pictorial 
or other representation, shall be judged and punished in the several 
States of the Confederation in accordance with the laws therein exist- 
ing or which may hereafter be enacted, by which provision is made 
for the trial of similar offenses against any one of the States of the 
Confederation, its constitution, its legislature or estates, the members 
of its legislature or its estates, its authorities and officers. 

Art. 75. For those offenses against the German Empire, specified 
in Article 74, which, if committed against one of the States of the 
Empire, would be considered high treason or treason against the 
State, the Superior Court of Appeals of the three free Hanse cities, 
at Liibeck, shall be the competent deciding tribunal in the first and 
last instance. 

More definite provisions as to the competency and the procedure 
of the Superior Court of Appeals shall be made by Imperial legis- 
lation. Until the passage of an Imperial law, the existing jurisdic- 
tion of the courts in the respective States, and the provisions relative 
to the procedure of these courts shall remain as at present.^ 

Art. 76. Disputes between the several States of the Confederation, 
so far as they do not relate to matters of private law, and are there- 
fore to be decided by the competent judicial authorities, shall be 
adjusted by the Bundesrat, at the request of one of the parties. 

In disputes relating to constitutional matters in those States of 
the Confederation whose constitution does not designate an authority 
for the settlement of such differences, the Bundesrat shall, at the 
request of one of the parties, effect an amicable adjustment, or, if 
this can not be done, the matter shall be settled by imperial law. 

Art. 77. If justice is denied in one of the States of the Confedera- 
tion, and sufficient relief can not be procured by legal measures, it 
shall be the duty of the Bundesrat to receive substantiated complaints 
concerning denial or restriction of justice, which shall be proven 
according to the constitution and the existing laws of the respective 
States of the Confederation, and thereupon to obtain judicial relief 

1 The criminal competence of the Superior Court of Appeals at Liibeck disappeared with 
the creation of the Supreme Court of the Empire. 



238 CONSTITUTIONS OF THE STATES AT WAK. 

from the State government which shall have given occasion to the 
complaint. 

XIV. — General Peovisions. 

Art. 78. Amendments of the Constitution shall be made by legis- 
lative enactment. They shall be considered as rejected when 14 
votes are cast against them in the Bundesrat. 

The provisions of the Constitution of the Empire, by which cer- 
tain rights are secured to particular States of the Confederation in 
their relation to the whole, may be amended only with the consent of 
the States affected. 



GREAT BRITAIN AND IRELAND. 

There is no Constitution in England, if by this expression is meant 
a fundamental law organizing the powers of the Slate and fixing the 
bases of public law. At no period in their history have the Einglish 
considered it necessary or expedient to present their political system 
under the form of a solemn act, setting forth abstract theories or 
containing the construction of an entirely new political edifice. 
There are, it is true, certain famous historical documents, each of 
which marks a step in the progress of English institutions. Such 
ai'(^ notably the Great Clucrter of Liberty^ the Petition of Right, the 
Bill of Rights and the Act of Settlement. But it must be noticed 
that none of them herald the settlement of anj^thing new; on the 
contrary, it is repeated with a peculiar insistence that the rights and 
liberties which it has seemed necessary to proclaim anew are ancient 
rights Avhich the English people have always enjoyed. 

The rules of the English Constitution can be found in no single 
written document, for it is built upon old laws and precedents. 
Therefore, it would be manifestly impossible to include all such laws 
in a work of this character. Besides the laws which are printed 
here in text or translation, it wall be sufficient to enumerate certain 
Acts of Parliament upon constitutional matters: 

The 39 articles governing the Co]istitution of the English church 
voted by the clergy in 1562 and converted into law of the realm in 
1571 [13 Elizaheti, c. 12]. 

An Act for an Union of the Tiro Kixf/doms of England and Scot- 
land of 16 May 1707 [6 Anne, c. 11]. 

An Act for rendritig the Union of the Two Kingdoms more 
intire and. complete of 1707 [6 Anne, c. 40]. 

The Act for Union of Great Britain and Ireland of 2 July 1800 
[39 & 40 George III, c. 67, amended by 21 & 22 Yictoria, c. 26, and 
by the Statute Law Revision Act of 1871]. 

An Act for the Relief of His Majesty'' s Roman Catholic Subjects 
of 24 June 1829 [10 George IV, c. 7]. 

An Act to aynend the Representation of the People in England 
and. ^Y(des of 7 June 1832 [2 William IV, c. 45], of the People in 
Scotland of 17 July 1832 [2 William- /T^ c. 65], of the People in Ire- 
land of 7 August 1832 [2 William IV, c. 88]. 

23» 



240 CONSTITUTIOITS OF THE STATES AT WAR. 

An Act further to mnend the Laws relating to the representation 
of the People in England and Wales of 15 August 1867 [30 & 31 
Victoria^ c. 102]. 

An Act to amend the Laio relating to the Representation of the 
People of the United Kingdom.' of 6 December 1884 [48 Victoria^ 
c. 3]. This was followed by a series of laws passed in 1885 of 
which the chief ones are : The Registration Acts [48 & 49 Victoria^ 
c. 15, 16 and 17] and the Redistribution of Seats Act [48 & 49 Yic- 
tona., c. 23].^ 



GREAT CHAKTER OF LIBERTIES OE 11 FEBRUARY 1225.- 

[Pkeamble.] 

Hemy, by the grace of God, King of England, Lord of Ireland, 
Duke of Normandy and Guy an. and Earl of Anjou, to the arch- 
bishops, bishops, abbots, priors, earls, barons, sheriffs, reeves, servants, 
and all bailiffs and his faithful subjects, which shall see this present 
Charter, greeting. Know that by the suggestion of God, and for the 
salvation of our soul and the souls of our predecessors and suc:?essors, 
to the exaltation of Holy Church and improvement of our realm, of 
our own free good will, we have given and granted to the archbishops, 
bishops, abbots, priors, earls, barons, and to all of our realm these 
liberties written below, to be kept in our Kingdom of England for- 
ever. 

Article 1. In the first place we have granted to God, and by this 
our present Charter have confirmed, for us and our heirs forever, 
that the English Church shall be free and shall have all its rights 
entire and its liberties uninjured. We have granted also and given 
to all free men of our realm, for us and our heirs forever, these liber- 
ties written below, to be had and be holden by them and their heirs 
from us and our heirs forever. 

Arts. 2-6." 

1 These introductory paragraphs are based upon F. R. Daeeste et P. Daeeste, Les 
Constitutions modcrnes (3d edition, Paris, 1910), vol. i, pp. 46—51. Since the present 
work contains only documents of a constitutional nature, and since an adequate outline 
•of the Constitution of Great Britain is to be derived from such a multitude of sources, 
the reader is therefore referred to an article in English by Louis Hamilton in Paul 
PosENER, Die Staatsverfassungen des Erdialls (Charlottenburg, 1909), pp. 601-629, to the 
authorities there cited and to the authorities cited in Daeeste, op. cit., pp. 70-72. 

- Of the 37 articles composing the Great Charter of Henry III, 22 are now considered 
as repealed and have been so declared by the Statutes of Parliament, notably by the 
f-'tatute Laio Revision Act of 1863 [26 & 27 Victoria, c. 125.] The Great Charter has 
been confirmed a number of times, but these confirmations all carry forward the text of 
1225, the Charter of 1215 containing provisions not reproduced in subsequent confirma- 
tions. The translation given here is based upon the Latin text and English translation 
of the Charter of 1297 [25 Edtoard /], confirming the Charter of Henry III [9 Henry III], 
in The Statutes: Second Revised Edition, vol. i (London, 1888), pp. 44-53. French 
translation of this and the following documents appears in Daeeste^ op. cit., pp. 52-70. 

2 Repealed by the Statute Law Revision Act of 1863. 



great britain and ireland. 241 

Art. 7.^ 

Art. 8. We, or our bailiffs, sliall not seize any land or rent for 
any debt, so long as the present chattels of the debtor are sufficient 
for the payment of the debt and the debtor himself is ready to satisfy 
therefore. Nor shall the pledges of the debtor be distrained, so long 
as the principal debtor himself is sufficient for the payment of the 
debt: and if the principal debtor fail in the payment of the debt, not 
having the wherewithal to pa}', or will not pa}' where he is able, the 
l)ledges shall answer for the debt; and if they wish, they shall have 
the lands and rents of the debtor, until they shall have been satisfied 
for the debt which they before paid for him, unless the debtor shall 
have shown himself to be quit in that respect towards those pledges. 

Art. 9. The city of London shall have all its ancient liberties and 
customs. jMoreover, we will and grant that all other cities and bor- 
oughs and villages and the barons of the Cinque Ports, and all other 
ports, shall have all their liberties and free customs. 

Art. 10. No man shall be distrained to do more service for a 
knight's fee or for any other free tenement than is due from it. 

Arts. II-IS.^ 

Art. 13.3 

Art. 1-1. A free man shall not be fined {amercietur) for a small 
offence, except in proportion to the measure of the offence; and for 
a great offence, [he shall be fined] in proportion to the magnitude 
of the offence, saving to him his freehold; and a merchant likewise, 
saving his merchandise; and any other's villian than ours shall be 
likewise fined, saving his wainage, if he shall be at our mercy. And 
none of the above fines shall be imposed except by the oaths of 
honest and lawful men of the neighborhood. Earls and barons shall 
only be fined by their peers, and only in proportion to their offence. 
No man of the church shall be fined in proportion to the measure of 
his spiritual benefice, but in proportion to his lay holding and to 
the measure of his offence. 

Art. 15. No vill or man shall be distrained to make bridges 
over the rivers except those which of old time and of right ought 
to do it. 

Art. 16. No river-banks shall be defended from henceforth, but 
such as were in defence in the time of King Henry our grandfather, 
by the same places and the same bounds as they were wont to be in 
his time. 

^ Provisions regarding the restriction of the dowry and second marriages of widows. 
^ Repealed by 42 & 43 Victoria, c. 59. Article 11 concerned common pleas and circuit 
courts. 

^ Repealed by the Statute Laic Revision Act of 1863. 



242 CONSTITUTIONS OF THE STATES AT WAK. 

Art, 17. No sheriff, constable, coroner, or other bailiffs of ours 
shall hold pleas of our crown. 

Art. 18.1 

Arts. 19-21. ^ 

Art. 22. We will not hold the lands of those convicted of felony 
for more than a year and a day, after which the lands shall be re- 
turned to the lords of the fiefs. 

Art. 23." 

Art. 24.2 

Art. 25.* 

Art. 26.^ 

Arts. 27-28.- 

Art. 29. No free man shall be taken or imprisoned, or be dispos- 
sessed of his freehold or liberties or free customs, or be outlawed, 
or exiled, or in any other way destroyed; nor will we go upon him, 
or send upon him except by the lawful judgment of his peers or by the 
law of the land. To no one will we sell, to no one will we deny or 
defer right or justice. 

Art. 30. All merchants, if they were not openly prohibited before, 
shall have their safe and sure conduct to depart out of England, to 
come into England, to tarry in and go through England, as well by 
land as by water, for buying and selling, free from all maletolts, by 
the ancient and rightful customs, except in time of war ; and if they 
are of a land at war with us and such are found in our land at the 
beginning of the war, they shall be attached without damage to 
their bodies or goods, until it shall be known from us or our chief 
justice in what way the merchants of our land are treated who shall 
be then found in the country which is at war with us; and if ours 
are safe there, the others shall be safe in our land. 

Arts. 31-37,^ 

Reserving to all archbishops, bishops, abbots, priors, templars, hos- 
pitallers, earls, barons, and all persons, as well spiritual as temporal, all 
their liberties and free customs, which they have had in time passed. 
And all those customs and liberties mentioned above which we have 
granted to be holclen within our realm, as far as pertains to us, in 
respect to our men ; all men of our realm, as well clerg^^ as laymen, 
shall observe, as far as pertains to them, in respect to their men. 

1 Provision regarding the opening of succession of lay tenants of 1;lie King. 

2 Repealed by the Statute Laio Revision Act of 1S63. 
2 Provision regarding fishing in rivers. 

* Provision regarding weights and measures, 
s Repealed by 9 George IV, c. 31, s. 1. 

8 Repealed by the Statute Law Revision Act of 1S63. The provisions concerned feudal 
law. 



GREAT BRITAIN AND IRELAND. • 243 

And for this oiir gift and grant of these liberties, and of others 
contained in our Charter of Liberties of the Forest,^ the archbishops, 
bishops, abbots, priors, earls, barons, knights, freeholders, and all 
of our realm have given unto us the fifteenth part of all their mov- 
ables. And we have granted unto them on the other part, for us and 
our heirs, that neither we nor our heirs shall produce or do anything 
whereby the liberties contained in this Charter shall be infringed or 
broken. And if anything be procured by any person contrary to the 
premises, it shall not be valid and shall be considered null." 

CONFIEMATION OF CHARTERS, OF 10 OCTOBER 1297.^ 

Confirmation or the Magna. Charta and of the Charter of 
Forests by Edward I. 

Article 1. Edward, by the grace of God, King of England, Lord 
of Ireland, and Duke of Guyan, to all those that these present letters 
shall hear or see, greeting. Know that we, to the honor of God and of 
Holy Church and to the profit of all our realm, have granted, for us 
and for our heirs, that the Great Charter of Liberties and the Charter 
of the Forest, wliich were made by common assent of all the realm 
in the time of King Henry our father, shall be kept in all points 
without breach. And we will that the same charters shall be sent 
under our seal, as well to our justices of the forest, as to others, and 
to all sheriffs of shires, and to all our other officers, and to all our 
cities throughout the land, together with our writs, in which it shall 
be contained that they cause the foresaid charters to be published 
and cause to be declared to the people that we have confirmed them 
in all points ; and to our justices, sheriffs, mayors and other ministers, 
which under us and by us have the laws of our land to guide, that 
the.y shall alloAv the same charters in all their points, in pleas before 
them and in judgments; that is to wit, the Great Charter of Liberties 
as the common law, and the Charter of the Forest according to the 
assize of the forest, for the improvement of our people. 

Art. 2. And we will that, if any judgment be given from henceforth 
contrary to the points of the charters aforesaid by the justices or by 
other ministers of ours that hold plea before them against the points 
of the charters, it shall be undone and holden for nought. 

Arts. 3-4.^ 

1 Carta dc forcsta rcgln Henrici III of 12 February 1225. 

- Here follow the names of the witnesses to the number of 05 : 1 archbishop, 11 
bishops, 20 abbots, the chief justice, 8 earls, the constable and 23 nobles. 

^ Carta confirmation rcfili Edwardi I f25 Edward /]. The translation given here is 
based upon the French text and English translation in The Statutes: Second Revised Edir 
tioii, vol. I (London, 1SS8), pp. 53-56. 

•* Repealed by the Statiitr Luic Reri.sion Act of 1888 [50 & 51 rictoria, c. 59]. 



244 .CONSTITUTIONS OF THE STATES AT WAK. 

Art. 5. And forasmuch as divers people of our realm are in fear 
that the aids and tasks which they have hitherto given to us towards 
our wars and other business, of their own grant and their own good 
will, howsoever they were made, might turn to abondage to them and 
to their heirs, because they might be at another time found in the 
rolls, and so likewise the prizes taken throughout the realm by our 
ministers in our name, we have granted for us and our heirs that we 
shall not draw such aids, tasks or prizes Into a custom, for any thing 
that hath been done heretofore or that may be found by roll or in any 
other manner. 

Art. 6. Moreover, we have granted, for us and our heirs, as well to 
archbishops, bishops, abbots and priors and other folk of Holy 
Church, as also to earls and barons and to all the commonalty of the 
land, that for no business from henceforth we shall take of our realm 
such manner of aids, tasks or prizes, except bj" the common assent 
of all the realm and for the common profit thereof, saving the ancient 
aids and prizes due and accustomed. 

Art 7. And forasmuch as the majority of the commonalty of the 
realm find themselves sore grieved with the maletolts of wools, that is 
to wit, a toll of forty shillings for every sack of wool, and have made 
petitions to us to release the same, we at their requests have fully re- 
leased it and have granted that we Avill not take such thing nor any 
other without their common assent and their good will, saving to us 
and our heirs the custom of wools, skins and leather, granted before 
by the commonalty of the realm aforesaid. In witness of which 
things we have caused these our letters to be made patents. 

Witness Edward our son at London the tenth day of October, the 
twenty-fifth year of our reign. 

And be it remembered that this same Charter, in the same terms, 
word for word, was sealed in Flanders under the King's Great Seal, 
that is to say. at Ghent the fifth day of November, the twenty-fifth 
year of the reign of our aforesaid lord the King, and sent into Eng- 
land. 

STATUTTJM DE TALLAGIO NON CONCEDENDO OF 1297.^ 

Article 1. No tallage or aid shall be laid or levied by us or our 
heirs in our realm without the good will and assent of the arch- 

iThis document, cited by Walter of Hemingford under the name of Articuli inserti in 
Magna Charta, is not found in the authentic collections of the time. It is nevertheless 
cited as a statute in Article 1 of the Petition of Bight (see below, p. 245), and was so 
decided by the judges in 1637. The translation given here is based upon the Latin text 
and English translation in The Statutes: Second Revised Edition, vol. i (London, 1888), 
pp. 56-57. 



GREAT BRITAIN AND IRELAND. 245 

bishops, bishops and other prehites, earls, barons, knights, burgesses 
and other freemen of our realm. 

Art. 2. No officer of ours or of our heirs shall take corn, wool, 
leather or any other goods of any manner of person without the good 
will and assent of the party to whom the goods belonged. 

Art. 3. Nothing shall be taken from a sack of wool in the name or 
by occasion of maletolt. 

Art. 4. We will and grant, for us and our heirs, that all clerks 
and laymen of our realm shall have all their laws, liberties and free 
customs as largely and wholly as they have used to have the same at 
any time when they had them best and most fully. And if any 
statutes have been made by us or our predecessors, or any customs 
brought in contrary to them or any manner of article contained in 
this present Charter, we will and grant that such manner of statutes 
and customs shall be void and null forevermore. 

Arts. 5-6.^ 

PETITION OF RIGHT OF 7 JUNE 1628.2 
To THE King's Most Excellent Majesty. 

Article 1. Humbly show unto our Sovereign Lord the King, the 
Lords Spiritual and Temporal, and Commons in Parliament assem- 
bled, that whereas it is declared and enacted by a statute made in the 
time of the reign of King Edward the First, connnonly called Sfatu- 
tum de tallagio non concedendo^ that no tallage or aid shall be laid or 
levied by the King or his heirs in this realm without the good will 
and assent of the archbishops, bishops, earls, barons, knights, bur- 
gesses, and other the freemen of the commonality of his realm; and 
by authority of Parliament holden in the five and twentieth year of 
the reign of King Edward the Third, it is declared and enacted that 
from thenceforth no person shall be compelled to make any loans 
to the King against his will, because such loans were against reason 
and the franchise of the land; and by other laws of this realm it is 
provided that none should be charged by any charge or imposition, 
called a benovolence, nor by such like charge : by which, the statutes 
before-mentioned and other the good laws and statutes of this realm, 
your subjects have inherited this freedom, that they should not be 

1 Article 5 giants pardon to different members of ttie aristocracy who had rebelled 
against the royal power. Article 6 contains measures to assure the publication and 
execution of the statute. 

"The Peticion ExliiMted to Jiis Majestie l>ij the Lords Spirituall and Temporall and 
Conimons, tJ^ tJiis present Parliament dissembled, concerning dicers Rights and lAherties 
at the Subjects, with the Kings Majesties Royall Atinstvere thereunto in full Parliament 
[3 Charles I, c. 1]. The text given here is reprinted (in modern orthography) from TJw 
Statutes: Second Revi»ion Edition, vol. i (London, 1888), pp. 585-588. 



246 CONSTITUTIONS OF THE STATES AT WAR. 

compelled to contribute to any tax, tallage, aid, or other like charge, 
not set by common consent in Parliament : 

Art. 2. Yet nevertheless, of late divers commissions directed to 
sundry commissioners in several counties with instructions have is- 
sued, by means whereof your people have been in divers places assem- 
bled and required to lend certain sums of money unto your Majesty, 
and many of them, upon their refusal so to do. have had an oath 
administered unto them, not warrantable by the laws or statutes 
of this realm, and have been constrained to become bound to 
make appearance and give attendance before your Privy Council 
and in other places, and others of them have been therefore im- 
prisoned, confined, and sundry other ways molested and disquieted: 
and divers othere charges have been laid and levied upon your 
people in. several counties, by Lord Lieutenants, deputy lieu- 
tenants, commissioners for musters, justices of peace and others, by 
command or direction from your Majesty or your Privy Council, 
against the laws and free customs of this realm. 

Art. 3. And whereas also by the statute called, " The Great Charter 
of the Liberties of England,"^ it is declared and enacted, that no free- 
man may be taken or imprisoned or be disseised of his freehold or 
liberties, or his free customs, or be outlawed or exiled, or in any 
manner destroyed, but bj^ the lawful judgment of his peers, or by the 
law of the land : 

Art. 4. And in the eight and twentieth year of the reigii of King 
Edward the Third, it was declared and enacted by authority of 
Parliament that no man, of what estate or condition that he be, should 
be put out of his lands or tenements, nor taken, nor imprisoned, 
nor disherited, nor put to death, without being brought to answer 
b}" due process of law : 

Art. 5. Nevertheless, against the tenor of the said statutes and 
other the good laws and statutes of your realm to that end provided, 
divers of your subjects have of late been imprisoned without any 
cause showed, and when for their deliverance they were brought be- 
fore your justices by your Majesty's writs of habeas corjms^ there to 
undergo and receive as the court should order, and their keepers 
commanded to certify the causes of their detainer, no cause was cer- 
tified, but that they were detained by your Majesty's special com- 
mand, signified by the lords of your Privy Council, and yet were 
returned back to several prisons without being charged with any- 
thing to which they might make answer according to the law. 

Art. 6. And whereas of late great companies of soldiers and mari- 
ners have been dispersed into divers counties of the realm and the 
inhabitants against their wills have been compelled to receive them 

^ See above, p. 240. 



GREAT BRITAIN AND IRELAND. 247 

into their houses, and there to suffer them to sojourn, against the 
laws and customs of this reahn, and to the great grievance and vexa- 
tion of the people : 

Art. 7. And whereas also by authority of Parliament, in the five 
and twentieth year of the reign of King Edward the Third, it is 
declared and enacted that no man shall be forejudged of life or limb 
against the form of the Great Charter and the law of the land ; and 
by the said Great Charter and other the laws and statutes of this 
your realm, no man ought to be adjudged to death, but by the laws 
established in this your realm either by the customs of the same realm 
or by Acts of Parliament: and whereas no offender of what kind 
soever is exempted from the proceedings to be used and punishments 
to be inflicted by the laws and statutes of this your realm; never- 
the less of late divers commissions under your Majesty's Great Seal 
have issued forth, by which certain persons have been assigned and 
appointed commissioners with power and authority to proceed within 
the land, according to the justice of martial law against such soldiers 
and mariners, or other dissolute persons joining with them, as should 
commit any murder, robbery, felony, mutiny, or other outrage or mis- 
demeanor whatsoever, and by such summary course and order as is 
agreeable to martial law and is used in armies in time of war, to 
proceed to the trial and condemnation of such offenders, and them 
to cause to be executed and put to death, according to the law martial. 

By pretext whereof, some of your Majesty's subjects have been by 
some of the said commissioners put to death, when and where, if by 
the laws and statutes of the land they had deserved death, by the 
same laws and statutes also they might, and by no other ought to 
have been, adjudged and executed. 

And also sundry grievous offenders by colour thereof, claiming an 
exemption, have escaped the punishments due to them by the laws 
and statutes of this your realm, by reason that divers of your officers 
and ministers of justice have unjustly refused, or forborne to pro- 
ceed against such offenders according to the same laws and statutes, 
upon pretence that the said offenders were punishable only by mar- 
tial law, and by authority of such commissions as aforesaid; which 
commissions, and all other of like nature, are wholly arid directly 
contrary to the said laws and statutes of this your realm. 

Art. 8. They do therefore humbly pray your most excellent Maj- 
esty, that no man hereafter be compelled to make or yield any gift, 
loan, benevolence, tax, or such like charge, without common* consent 
by Act of Parliament; and that none be called to make answer, or 
take such oath, or to give attendance, or be confined, or otherwise 
molested or disquieted concerning the same, or for refusal thereof; 
and that no freeman, in any such manner as in before-mentioned, be 



248 coNSTiTUTioisrs or the states at war. 

imprisoned or detained; and that your Majesty will be pleased to 
remove the said soldiers and mariners, and that your people may 
not be so burdened in time to come ; and that the aforesaid commis- 
sions for proceeding by martial law, may be revoked and annulled; 
and that hereafter no commissions of like nature may issue forth to 
any person or persons whatsoever, to be executed as aforesaid, lest 
by colour of them any of your Majesty's subjects be destroyed or put 
to death, contrary to the laws and franchise of the land. 

All which they most humbly pray of your most excellent Majesty, 
as their rights and liberties according to the laws and statutes of this 
realm; and that your Majesty would also vouchsafe to declare, that 
the awards, doings and proceedings to the prejudice of your people, 
in any of the premises, shall not be drawn hereafter into consequence 
or example; and that your Majesty would be also graciously pleased,- 
for the further comfort and safety of your people, to declare your 
royal will and pleasure, that in the things aforesaid all your officers 
and ministers shall serve you, according to the laws and statutes of 
this realm, as they tender the honour of your Majesty, and the pros- 
perity of this kingdom.^ 

HABEAS CORPUS ACT OF 1679.2 

Article 1. Whereas great delays have been used by sheriffs, gaol- 
ers, and other officers, to whose custody any of the King's subjects 
have been committed for criminal or supposed criminal matters, in 
making returns of writs of habeas corpus to them directed, by stand- 
ing out an alias and fluries Jiabeas corpus^ and sometimes more, and 
by other shifts to avoid their yielding obedience to such writs, con- 
trary to their duty and the known laws of the land, whereby many 
of the King's subjects have been and hereafter may be long detained 
in prison, in such cases where by law they are bailable, to their great 
charge and vexation. For the prevention whereof, and the more 
speedy relief of all persons imprisoned for any such criminal or 
supposed criminal matters, be it enacted by the King's most excel- 

1 This Petition was read in Parliament on 2 June 1628, together with the King's answer 
as follows : 

" The King willeth that right be done according to the laws and customs of the realm ; 
and that the statutes be put in due execution, that his subjects may have no cause to 
complain of any wrong or oppressions, contrary to their just rights and liberties, to the 
preservation whereof he holds himself as well obliged as of his prerogative." 

This reply not being considered clear enough. Parliament requested another. On 7 June 
the King appeared in person and pronounced the following French formula, Soit droit 
fait come est desire, which, according to usage, signified assent pure and simple to the 
terms of the petition. 

^ An Act for the 'better secureing the Liberty of the Subject and for Prevention of 
Im.prisonmeivts hepond the Seas [31 Charles II, c. 2]. The text given here is reprinted 
(in modem orthography) from The Statutes: Second Revised Edition, vol. i (London, 
1888), pp. 672-680. 



GREAT BPJTAI:N' AND IRELAND. 249 

lent Majesty, by and with the advice and consent of the Lords Spir- 
itual and Temporal, and Commons, in tliis present Parliament as- 
sembled, and by the authority thereof, that whensoever any person 
or persons shall bring any haheas corpus directed unto any sheriff 
or sheriffs, gaoler, minister, or other person whatsoever, for any 
person in his or their custody, and the said writ shall be served upon 
the said officer, or left at the gaol or prison with any of the under- 
officers. under-keepers or deputy of the said officers or keepers, that 
the said officer or officers, his or their underofficers, under-keepers 
or deputies, shall, within three days after the service thereof as afore- 
said (unless the commitment aforesaid were for treason or felony^ 
plainly and specially expressed in the warrant of commitment), 
upon payment or tender of the charges of bringing the said prisoner^ 
to be ascertained by the judge or court that awarded the same, and 
endorsed upon the said writ, not exceeding twelve pence per mile,, 
and upon security given by his own bond to pay the charges of car- 
rying back the prisoner, if he shall be remanded by the court or 
judge to which he shall be brought according to the true intent of 
this present Act, and that he will not make any escape by the Avay> 
uiake return of such writ ; and bring or cause to be brought the body 
of the party so committed or restrained, unto or before the Lord 
Chancellor, or Lord Keeper of the Great Seal of England for the 
time being, or the judges or barons of the said court from whence 
the said writ shall issue, or unto and before such other person or 
persons before whom the said writ is made returnable, according 
to the command thereof; and shall then likewise certify the true 
causes of his detainer or imprisonment, unless the commitment of 
the said party be in any place beyond the distance of twenty miles 
from the place or places where such court or person is or shall be 
residing; and if beyond the distance of twenty miles, and not above 
one hundred miles, then within the space of ten days, and if beyond 
the distance of one hundred miles, then within the space of twenty 
days, after such the delivery aforesaid, and no longer. 

Art. 2. And to the intent that no sheriff, gaoler or other officer 
may pretend ignorance of the import of any such writ, be it enacted 
by the authority aforesaid that all such writs shall be marked in. 
this manner, per statutum tricesimo frimo Caroli secundi regis^ and 
shall be signed by the person that awards the same ; and if any per- 
son or persons shall be or stand committed or detained as aforesaid, 
for any crime, unless for treason or felony plainly expressed in the 
warrant of commitment, in the vacation-time, and out of term, it 
shall and may be lawful to and for the person or persons so com- 
mitted or detained (other than persons convict or in execution) by 
legal process, or any one on his or their behalf, to appeal or complain 
8S3S1— 19 17 



250 CONSTITUTIONS OF THE STATES AT WAE. 

to the Lord Chancellor or Lord Keeper, or any one of his Majesty's 
justices, either of the one bench or of the other, or the barons of 
the exchequer of the degree of the coif ; and the said Lord Chancel- 
lor, Lord Keeper, justices or barons' or any of them, upon view of 
the copy or copies of the warrant or warrants of commitment and 
detainer, or otherwise upon oath made that such copy or copies were 
denied to be given by such person or persons in whose custody the 
prisoner or prisoners is or are detained, are hereby authorized, and 
required, upon request made in writing by such person or persons 
or any on his, her or their behalf, attested and subscribed by two 
witnesses who were present at the delivery of the same, to award 
and grant an habeas corjnis under the seal of such court whereof he 
shall then be one of the judges, to be directed to the officer of officers 
in whose custody the party so committed or detained shall be, re- 
turnable immediate before the said Lord Chancellor or Lord Keeper, 
or such justice, baron or any other justice or baron of the degree 
of the coif of any of the said courts; and upon service thereof as 
aforesaid, the officer or officers, his or their underofficer or under- 
officers, under-keeper or under-keepers, or deputy, in Avhose custody 
the party is so committed or detained, shall within the times re- 
spectively before limited, bring such prisoner or prisoners before 
the said Lord Chancellor or Lord Keeper, or such justices, barons 
or one of them, before whom the said writ is made returnable, 
and in case of his absence before any of them, with the return of 
such writ, and the true causes of the commitment and detainer ; and 
thereupon within two days after the party shall be brought before 
them, the said Lord Chancellor or Lord Keeper, or such justice or 
baron before whom the prisoner shall be brought as aforesaid, shall 
discharge the said prisoner from his imprisonment, taking his or 
their recognizance, with one or more surety or sureties, in any sum 
according to their discretions, having regard to the quality of the 
prisoner and nature of the offence, for his or their appearance in the 
court of king's bench the term following, or at the next assizes, ses- 
sions, or general gaol-delivery of and for such county, city, or place 
where the commitment was, or where the offence was committed, or 
in such other court where the said offence is properly cognizable, as 
the case shall require, and then shall certify the said writ with the 
return thereof, and the said recognizance or recognizances into the 
said court Avhere such appearance is to be made ; unless it shall ap- 
pear unto the said Lord Chancellor or Lord Keeper, or justice or 
justices, or baron or barons, that the party so committed is detained 
upon a legal process, order or warrant, out of some court that hath 
jurisdiction of criminal matters, or by some warrant signed and 
sealed with the hand and seal of any of the said justices or barons. 



GEEAT BEITAIX AND IRELAND. 251 

or some justice or justices of the peace, for such matters or offences 
for the which by the law the prisoner is not bailable. 

Art. 3. Provided always, and be it enacted that if any person shall 
have willfully neglected, by the space of two whole terms after his 
imprisonment, to pray a haheas corpus for his enlargement, such per- 
son so willfully neglecting shall not have any habeas covpus to be 
granted in vacation-time, in pursuance of this act. 

Art. 4. And if any officer or officers, his or their underofficer or 
underofficers, under-keeper or under-keepers, or deputy, shall neglect 
or refuse to make the returns aforesaid, or to bring the body or bodies 
of the prisoner or prisoners according to the command of the said 
writ, within the respective times aforesaid, or upon demand made 
by the prisoner or person in his behalf, shall refuse to deliver, or 
Avitliin the space of six hours after demand shall not deliver, to the 
person so demanding, a true copy of the warrant or warrants of com- 
mitment and detainer of such prisoner, which he and they are hereby 
required to deliver accordingly; all and every the head goalers and 
keepers of such prisons, and such other person in whose custody the 
prisoner shall be detained, shall for the first offence forfeit to the 
prisoner or party grieved the sum of one hundred pounds, and for 
the second offence the sum of two hundred pounds, and shall and is 
hereby made incapable to hold or execute his said office, the said 
penalties to be recovered by the prisoner or party grieved, his exe- 
cutors or administrators, against such offender, his executors or ad- 
ministrators, by any action of debt, suit, bill, plaint, or information, 
in any of the King's courts at Westminster, wherein no essoin, pro- 
tection, privilege, injunction, wager of law, or stay of prosecution 
by non 'Viilt nlterius prosequi,, or otherwise, shall be admitted or al- 
lowed,, or any more than one imparlance, and any recovery or judg- 
ment at the suit of any party grieved shall be a sufficient conviction 
for the first offence, and any after recovery or judgment, at the suit 
of a party grieved for any offence after the first judgment, shall be 
a sufficient conviction to bring the officers or person within the said 
penalty for the second offence. 

Art. 5. And for the prevention of unjust vexation by reiterated 
commitments for the same offense, be it enacted by the authority 
aforesaid that no person or persons, which shall be delivered or set 
at large upon any habeas corpus, shall at any time hereafter be 
again imprisoned or committed for the same offence by any person or 
persons whatsoever, other than by the legal order and process of 
such court wherein he or they shall be bound by recognizance to 
appear, or other court having jurisdiction of the cause; and if any 
other person or persons shall knowingly contrary to this act recom- 
mit or imprison, or knowingly procure or cause to be recommitted 
or imprisoned, for the same offence or pretended offence, anv rierson 



252 CONSTITUTIONS OF THE STATES AT WAE. 

or persons delivered or set at large as aforesaid, or be knowingly 
aiding or assisting therein, then he or they shall forfeit to the 
prisoner or party grieved the sum of five hundred pounds; any 
colourable pretence or variation in the warrant or warrants of com- 
mitment notwithstanding to be recovered as aforesaid. 

Art. 6. Provided always that if any person or persons shall be 
committed for high treason or felony, plainly and specially expressed 
in the warrant of commitment, upon his prayer or petition in open 
court the first week of the term, or first day of the sessions of oyer 
and terminer or general gaol-delivery, to be brought to his trial, shall 
not be indicted some time in the next term, sessions of oyer and ter- 
miner or general gaol-delivery, after such commitment, it shall and 
may be lawful to and for the judges of the court of King's bench and 
justices of oyer and terminer or general gaol-delivery, and they are 
hereby required, upon motion to them made in open court the last 
day of the term, sessions or gaol-delivery, either by the prisoner or 
any one in his behalf, to set at liberty the prisoner upon bail, unless 
it appear to the judges and justices upon oath made, that the wit- 
nesses for the King could not be produced the same term, sessions or 
general gaol-delivery; and if any person or persons committed as 
aforesaid, upon his prayer or petition in open court the first week 
of the term or first day of the sessions of oyer and terminer and gen- 
eral gaol-delivery, to be brought to his trial, shall not be indicted and 
tried the second term, sessions of oyer and terminer or general gaol- 
delivery, after his commitment, or upon his trial shall be acquitted, 
he shall be discharged from his imprisonment. 

Art, 7. Provided always that nothing in this act shall extend to 
discharge out of prison any person charged in debt, or other action, 
or wdth process in any civil cause, but that after he shall be discharged 
of his imprisonment for such his criminal offence, he shall be kept in 
custod}^ according to the law, for such other suit. 

Art. 8. Provided always that if any person or persons subject of 
this realm shall be committed to any prison or in custody of any 
officer or officers whatsoever, for any criminal or supposed criminal 
matter, that the said person shall not be removed from the said prison 
and custody into the custody of any other officer or officers, unless 
it be by habeas corpus or some other legal writ, or where the prisoner 
is delivered to the constable or other inferior officer to carry such 
prisoner to some common gaol, or where any person is sent by order 
of any judge of assize or justice of the peace to any common work- 
house or house of correction, or where the prisoner is removed from 
one prison or place to another within the same county, in order to 
his or her trial or discharge in due course of law, or in case of sudden 
fire or infection, or other necessity; and if any person or persons 
shall after such commitment aforesaid make out and sign or counter- 



GREAT BRITAIN AND IRELAND. 253 

sign any warrant or warrants for such removal aforesaid, contrary 
to this act, as well he that makes or signs of countersigns such war- 
rant or Avarrants as the officer or officers that obey or execute the 
same, shall suffer and incur the pains and forfeitures in this act before 
mentioned, both for the first and second offence respectively, to be 
recovered in manner aforesaid by the l^arty grieved. 

Art. 9. Provided also that it shall and may be lawful, to and for 
any prisoner and prisoners as aforesaid, to move and obtain his or 
their hahe,(is corpus as well out of. the high court of chancery or court 
of exchequer, as out of the courts of King's bench or common pleas, 
or either of them, and if the said Lord Chancellor or Lord Keeper, 
or any judge or judges, baron or barons for the time being, of the 
degree of the coif, of any of the courts aforesaid, in the vacation- 
time, upon view of the copy or copies of the warrant or warrants of 
commitment or detainer, or upon oath made that such copy or copies 
were denied as aforesaid, shall deny any w^-it of haheas corpus by this 
act required to be granted, being moved for as aforesaid, they shall 
severally forfeit to the prisoner or party grieved the sum of five 
hundred pounds, to be recovered in manner aforesaid. 

Art. 10. And an haheas corpus^ according to the true intent and 
meaning of this act, may be directed and run into any county pala- 
tine, the Cinque Ports, or other privileged places within the Kingdom 
of England, dominion of Wales, or town of Berwick upon Tweed, 
and the islands of Jersey or Guernsey, any law or usage to the con- 
trary notwithstanding. 

Art. 11. And for preventing illegal imprisonments in prisons be- 
yond the seas, be it further enacted by the authority aforesaid that 
no subject of this realm that now is, or hereafter shall be, an inhabit- 
ant or resiant of this Kingdom of England, dominion of Wales, or 
town of Berwick upon Tweed, shall or may be sent prisoner into 
Scotland, Ireland, Jersey, Guernsey, Tangier, or into any parts, gar- 
risons, islands or places beyond the seas, which are or at any time 
hereafter shall be within or without the dominions of his Majesty, his 
heirs or successors; and that every such imprisonment is hereby 
enacted and adjudged to be illegal; and that if any of the said sub- 
jects now is or hereafter shall be so imprisoned, every such person 
and persons so imprisoned shall and may for every such imprison- 
ment maintain by virtue of this Act an action or actions of false im- 
prisonment in any of his Majesty's courts of record, against the per- 
son or persons by whom he or she shall be so committed, detained, 
imprisoned, sent prisoner or transported, contrary to the true mean- 
ing of this Act, and against all or any person or persons that shall 
frame, contrive, w^rite, seal or countersign any w^arrant or writing for 
such commitment, detainer, imprisonment, or transportation, or shall 
be advising, aiding or assisting in the same, or any of them ; and the 



254 CONSTITUTIONS OF THE STATES AT WAK. 

plaintiff in every such action shall have judgment to recover his treble 
costs, besides damages, which damages so to be given shall not be less 
than five hundred pounds; in which action no delay, stay or stop of 
proceeding by rule, order or command, nor no injunction, protection 
or privilege whatsoever, nor any more than one imparlance shall be 
allowed, excepting such rule of the court wherein the action shall de- 
pend, made in open court, as shall be thought in justice necessary, 
for special cause to be expressed in the said rule ; and the person or 
persons who shall knowingly frame, contrive, write, seal or counter- 
sign any warrant for such commitment, detainer, or transportation, 
or shall so commit, detain, imprison or transport any person or per- 
sons contrary ifco this Act, or be any ways advising, aiding or assist- 
ing therein, being lawfully convicted thereof, shall be disabled from 
thenceforth to bear any office of trust or profit within the said realm 
of England, dominion of Wales, or town of Berwick upon Tweed, 
or any of the islands, territories or dominions thereunto belonging; 
and shall incur and sustain the pains, penalties and forfeitures lim- 
ited, ordained and provided in and by the Statute of Provision and 
PraeTnunire made in the sixteenth jear of King Richard the Second ; 
and be incapable of any pardon from the King, his heirs or suc- 
cessors, of the said forfeitures, losses, or disabilities, or any of them. 

Art. 12. Provided always that nothing is this Act shall extend 
to give benefit to any person who shall by contract in writing agTee 
with any merchant or owner of any plantation, or other person what- 
soever, to be transported to any parts bej^ond the seas, and receive 
earnest upon such agreement, although that afterwards such person 
shall renounce such contract. 

Art. 13. Provided always that if any person or persons lawfully 
convicted of any felony shall in open court pray to be transported 
beyond the seas, and the court shall think fit to leave him or them in 
prison for that purpose, such person or persons may be transported 
into any parts beyond the seas, this Act or anything therein contained 
to the contrary notwithstanding. 

Art. 14.1 

Art. 15. Provided also that if any person or persons at any time 
resiant in this realm shall have committed any capital offence in 
Scotland or Ireland, or any of the islands, or foreign plantations 
of the King, his heirs or successors, where he or she ought to be tried 
for such offence, such person or persons may be sent to such place, 
there to receive such trial in such manner as the same might have 
been used before the making of this Act, anything herein contained 
to the contrary notwithstanding. 

Art. 16. Provided also that no person or persons shall be sued, 
impleaded, molested or troubled for any offence against this Act, un- 

^ Repealed by the Statute Law Revision Act of 1863. 



GREAT BRTTAIISr AND IRELAND. 255 

less the party oifending be sued or impleaded for the same within 
two years at the most after such time wherein the offence shall be com- 
mitted, in case the party grieved shall not be then in prison; and if 
he shall be in prison, then within the space of two years after the 
decease of the person imprisoned, or his or her delivery out of prison, 
which shall first happen. 

Art. 17. And to the intent no person may avoid his trial at the 
assizes or general gaol-delivery, by procuring his removal before the 
assizes, at such time as he can not be brought back to receive his trial 
there, be it enacted that after the assizes proclaimed for that county 
where the prisoner is detained, no person shall be removed from the 
common gaol upon any habeas cotj^us granted in pursuance of this 
Act, but upon any such hahea^s corpus shall be brought before the 
judge of assize in open court, who is thereupon to do what to justice 
shall appertain. 

Art. 18. Provided nevertheless that, after the assizes are ended, 
any person or persons detained, n\^y have his or her habeas cor' pus 
according to the direction and intention of this Act. 

Art, 10. And if any information, suit or action shall be brought 
or exhibited against any person or persons for any offence conmiitted 
or to be connnitted against the form of this law, it shall be lawful 
for such defendants to plead the general issue, that they are not 
guilty, or that they owe nothing, and to give such special matter in 
evidence to the jury that shall try the same, which matter being 
pleaded had been good and sufficient matter in law to have dis- 
charged the said defendant or defendants against the said informa- 
tion, suit or action, and the said matter shall be then as available 
to him or them, to all intents and purposes, as if he or they had suffi- 
ciently pleaded, set forth or alleged the same matter in bar or dis- 
charge of such information, suit or action. 

Art. 20. And because many times persons charged with petty 
treason or felony, or as accessories thereunto, are committed upon 
suspicion only, whereupon they are bailable, or not, according as the 
circumstances making out that suspicion are more or less weighty, 
which are best known to the justices of peace that committed the 
persons, and have the examinations before them, or to other justices 
of the peace in the county, be it therefore enacted, that where any 
person shall appear to be committed by any judge or justice of the 
peace, and charged as accessory before the fact, to any petty treason 
or felony, or upon suspicion thereof, or with suspicion of petty- 
treason or felony, which petty treaspn or felony shall be plainly and 
specially expressed in the warrant of commitment, that such person 
shall not be removed or bailed by virtue of this Act, or in any other 
manner than they might have been before the making of this Act. 



256 coNSTiTUTioisrs or the states at war. 

BILL OF EIGHTS OF 13 FEBRUARY 1689.^ 

Article 1. Whereas the Lords Spiritual and Temporal, and Com- 
mons, assembled at Westminster, lawfully, fully and freely repre- 
senting all the estates of the people of this realm, did, upon the 
thirteenth day of February, in the j^ear of our Lord one thousand 
six hundred eighty-eight, present unto their Majesties, then called 
and known by the names and style of William and Mary, Prince and 
Princess of Orange, being present in their proper persons, a certain 
declaration in writing, made by the said Lords and Commons, in the 
words following, viz. : ^ 

All which are utterly and directly contrary to the known laws and 
statutes and freedom of this realm. 

And whereas the said late King James the Second having abdi- 
cated the government, and the throne being thereby vacant, his 
Highness the Prince of Orange (whom it hath pleased Almighty 
God to make the glorious instrument of delivering this kingdom from 
popery and arbitrary power) did (by the advice of the Lords Spir- 
itual and Temporal, and diverse principal persons of the Commons) 
cause letters to be w^ritten to the Lords Spiritual and Temporal, being 
Protestants, and other letters to the several counties, cities, universi- 
ties, boroughs, and Cinque Ports, for the choosing of such persons as 
represent them, as were of right to be sent to Parliament, to meet 
and sit at Westminster upon the two and twentieth day of January, 
in this year one thousand six hundred eighty and eight, in order to 
such an establishment, as that their religion, laws and liberties might 
not again be in danger of being subverted; upon which letters elec- 
tions have been accordingly made. 

And thereupon the said Lords Spiritual and Temporal, and Com- 
mons, pursuant to their respective letters and elections, being noAv 
assembled in a full and free representation of this nation, taking 
into their most serious consideration the best means for attaining the 
ends aforesaid, do in the first place (as their ancestors in like case 
have usually done), for the vindicating and asserting their ancient 
rights and liberties, declare : 

That the pretended power of suspending of laws, or the execu- 
tion of laws, bj^ regal authority, without consent of Parliament, is 
illegal. 



1 An Act declaring the Rights and lAberties of the Subject and setleing the Succession 
'Of the Crowne [1 William and Mary, sess. 2, c. 12]. The text s^lven here is reprinted (in 
modern orthography) from The Statutes: Second Revised Edition, vol. i (London, 1888), 
pp. 690-696. 

2 Here follows the enumeration of twelve complaints of Parliament against the gov- 
ernment of the late King James II. These are taken up almost word for word in the 
reply to the several complaints below. 



GREAT BRITAIN AND IRELAND. 257 

That the pretended power of dispensing with hiws, or the execu- 
tion of hiws, by regal authority, as it hath been assumed and exer- 
cised of hite. is illegal. 

That the commission for erecting the late Court of Commis- 
sioners for ecclesiastical causes, and all other commissions and courts 
of like nature, are illegal and pernicious. 

That levying money for or to the use of the Crown, by pretence 
of prerogative, without grant of Parliament, for longer time or in 
other manner than the same is or shall be granted, is illegal. 

That it is the right of the subjects to petition the King, and all 
f'ommitments and prosecutions for such petitioning are illegal. 

That the raising or keeping a standing army within the king- 
dom in time of peace, unless it be with consent of Parliament, is 
against law. 

That the subjects which are Protestants may have arms for their 
defence suitable to their conditions, and as allowed by law. 

That election of members of Parliament ought to be free. 

That the freedom of speech, and debates or proceedings in Par- 
liament, ought not to be impeached or questioned in any court or 
place out of Parliament. 

That excessive bail ought not to be required, nor excessive fines 
imposed ; nor cruel and unusual punishments inflicted. 

That jurors ought to be duly impanelled and returned, and 
jurors which pass upon men in trials for high treason ought to be 
freeholders.^ 

That all grants and promises of fines and forfeitures of particu- 
lar persons before conviction are illegal and void. 

And that for redress of all grievances, and for the amending, 
strengthening, and preserving of the laws, Parliament ought to be 
held frequently. 

And they do claim, demand and insist upon all and singular the 
premises, as their undoubted rights and liberties ; and that no declara- 
tions, judgments, doings or proceedings, to the prejudice of the 
people in any of the said premises, ought in any wise to be drawn 
hereafter into consequence or example. To which demand of their 
rights they are particularly encouraged by the declaration of his 
Highness the Prince of Orange, as being the only means for obtain- 
ing a full redress and remedy therein. Having therefore an entire 
confidence that his said Highness the Prince of Orange will perfect 
the deliverance so far advanced by him, and will still preserve them 
from the violation of their rights, which they have here asserted, and 
from all other attempts upon their religion, rights, and liberties. 

1 " And jurors . . . freeholders." Repealed by 6 George IV, c. 50, s. 62. 



258 CONSTITUTIONS or the states at war. 

The said Lords Spiritual and Temporal, and Commons, assembled 
at Westminster, do resolve that William and Mar}'', Prince and 
Princess of Orange, be and be declared King and Queen of England, 
France ^ and Ireland, and the dominions thereunto belonging." 

Upon which their said Majesties did accept the Crown and royal 
dignity of the Kingdoms of England, France, and Ireland, and the 
dominions thereunto belonging, according to the resolution and de- 
sire of the said Lords and Commons contained in the said declara- 
tion. And thereupon their Majesties were pleased that the said 
Lords Spiritual and Temporal, and Commons, being the two houses 
of Parliament, should continue to sit, and with their Majesties' royal 
concurrence make effectual provision for the settlement of the re- 
ligion, laws and liberties of this Kingdom, so that the same for the 
future might not be in danger again of being subverted; to which 
the said Lords Spiritual and Temporal, and Commons, did agree 
and proceed to act accordingly. N(5w in pursuance of the premises, 
the said Lords Spiritual and Temporal, and Commons, in Parlia- 
ment assembled, for the ratifying, confirming and establishing the 
said declaration, and the articles, clauses, matters and things therein 
contained, by the force of a law made in clue form by authority of 
Parliament, do pray that it may be declared and enacted that all and 
singular the rights and liberties asserted and claimed in the said 
declaration, are the true, ancient and indubitable rights and liber- 
ties of the people of this Kingdom, and so shall be esteemed, allowed, 
adjudged, deemed and taken to be, and that all and every the par- 
ticulars aforesaid shall be firmly and strictly holden and observed, 
as they are expressed in the said declaration; and all officers and 
ministers whatsoever shall serve their Majesties and their successors 
according to the same in all times to come.^ All which their Majes- 
ties are contented and pleased shall be declared, enacted and estab- 
lished by authority of this present Parliament, and shall stand, 
remain and be the law of this realm forever; and the same are by 
their said Majesties, by and with the advice and consent of the Lords 
Spiritual and Temporal, and Commons, in Parliament assembled,, 

1 The title of King of France was borne by the King of England up to 1801. 

2 Here follow provisions governing the order of succession to the throne, the sup- 
pression of the former oaths of allegiance and supremacy and the creation of two new 
formulas of oaths (now virtually repealed) intended to replace them. 

3 Here follow provisions (now merely matters of historical interest) concerning 
the recognition of the legitimate rights of William and Mary to the Crown of England, 
the establishment of the order of succession to the throne, the eventual exclusion from 
the throne of all the members of the royal family who might profess the " Popish " 
religion or whose spouse might profess this religion, the obligation imposed upon every- 
one called to succession to the throne to repeat audibly on the day of coronation the 
declaration mentioned in 30 Charles II, entitled "An Act for the more effectual preserving 
the King's person and government, by disabling Papists from sitting in either House of 
Parliament." 



GREAT BRITAIN AND IRELAND. 259 

and by the authority of the same, declared, enacted or established 
accordingly. 

Akt. 2. And from and after this present session of Parliament, no 
dispensation by no7i ohstante of or to any statute, or any part thereof, 
shall be allowed, but the same shall be held void and of no effect, ex- 
cept a dispensation be allowed of in such statute, and except in such 
cases as shall be specially provided for by one or more bill or bills 
to be passed during this present session of Parliament. 

Art. 3.^ 

ACT OF SETTLEMENT OF 12 JUNE 1701.- 

Article 1.^ 

Art. 2.* 

Art. 3. And whereas it is requisite and necessary that some further 
provision be made for securing our religion, laws and liberties, from 
and after the death of his Majesty and the Princess Anne of Den- 
mark, and in default of issue of the body of the said princess and of 
his Majesty respectively; be it enacted by the King's most excellent 
Majesty, by and with the advice and consent of the Lords Spiritual 
and Temporal and Commons in Parliament assembled, and by the 
authority of the same : 

That whosoever shall hereafter come to the possession of this crown 
shall join in communion with the Church of England as by law es- 
tablished. 

That in case the crown and imperial dignity of this realm shall 
hereafter come to any person, not being a native of this Kingdom of 
England, this nation be not obliged to engage in any war for the de- 
fence of any dominions or territories which do not belong to the 
Crown of England, without the consent of Parliament.^ 

That no pardon under the Great Seal of England be pleadable to 
an impeachment by the commons in Parliament. 

Art. 4. And whereas the laws of England are the birthriglit of 
the people thereof, and all the Kings and Queens who shall ascend 
the throne of this realm ought to administer the goA'ernment of the 
same according to the said laws, and all their officers and ministers 

1 Repealed by tbe Statute Low Rerision Act of 1867 [30 & 31 Victoria, c. 59]. 

-An Act for the further Limitation' of the Crown and better aecuring the Rights and 
Liberties of the Subject [12 & 13 William III, c. 2]. The text given here is reprinted 
(in modern orthography) from The Statutes: Second Revised Edition, vol. i (London, 
1888), p. 758-762. 

2 Establishment of the eventual rights of I'rincess Sophia, electrix of Hanover, tO' suc- 
ceed to the crown of England, in default of Princess Anne of Denmark and her line. 

* Exclusion of those who profess the " Popish " religion from eligibility to succeed to 
the throne. 

^ Here follow four paragraphs, subsequently repealed. 



260 CONSTITUTIOISrS OF THE STATES AT WAR. 

ought to serve them respectively according to the same; the said 
Lords Spiritual and Temporal and Commons do therefore further 
humbly pray that all the laws and statutes of this realm for securing the 
established religion and the rights and liberties of the people thereof 
and all other laws and statutes of the same now in force may be rati- 
fied and confirmed, and the same are by his Majesty, by and with 
the ad,vice and consent of the said Lords Spiritual and Temporal and 
Commons, and by authority of the same, ratified and confirmed ac- 
cordingly. 



GREECE. 

After a lone: period of Turkish domination and a few stormy 
years as a republic, Greece was recognized as an independent mon- 
archy on 22 January/3 February 1830 by the Conference of Lon- 
don.' By the Treaty of London of 25 April/7 May 1832,- the new 
monarchy accepted Prince Otto of Bavaria as King. The latter 
ruled without a Constitution for eleven years, the first six of which 
were under a regency, but a military revolution (3/15 September 
1843) caused him to convene a constituent Assembly at Athens, 
which eventually (4/16 March 1844) adopted a Constitution ^ mod- 
eled after the French Charter of 14 August 1830 * and the Belgian 
Constitution of 7 February 1831 ^ and admitting the system of bi- 
cameral assembly. The King took the oath to this Constitution on 
18/30 March. 

The revolution of 10/22 October 1862, which overthrew King Otto, 
brought George of Denmark to the throne on 6 June 1863. The fol- 
lowing year a general revision of the Constitution was made (29 
October) by the National Assembly which had chosen the new King. 
The latter took the oath to this Constitution on 16/28 November 
1864.*^ The Senate was abolished and the legislative power entrusted 
(Article 22) to the King and a single house. A law of 25 Novem- 
ber/7 December 1865 abrogated Articles 83-86 concerning the Coun- 
cil of State. 

In 1911 the Constitution was modified and a substitute for a sec- 
ond chamber was adopted in the reestablishment of the Council of 
State. This Constitution came into force 1/14 June 1911. From 
present indications, it is probable that the Constitution will be re- 
vised again in the near future.^ 

1 French text in British and Foreign State Papers, 17: pp. 191-105. 

* French and English texts in parallel columns in British and Foreign State Papers, 
10 : pp. 33-41 ; English text in Hertslet, If op of Europe by Treaty, vol. i (London, 
1875), pp. 893-899. 

= French text in British and Foreign State Papers, 82 : pp. 989-1000. 

* French text in British and Foreign State Papers, 17 : pp. 1013-lOlS. 
^ French text in British and Foreign State Papers, 18 : pp. 1052-1065. 

^ French translation in British and Foreign State Papers, 56 : pp. 572-584, and F. R. 
D.\RESTE ET P. Dare.ste, Les Constitutions modernes (3d edition, Paris, 1910), vol. ii, 
pp. 301—317 ; and German translation in Paijl Posener, Die Staatsrcrfassungen des 
Erdballs (Charlottenburg, 1909), pp. 5S9-599. 

' These introductory paragraphs are based upon Darestb, op. cit., pp. 299-300, and 
Po.SENER, op. cit., pp. 587-589. Cf. also The Statesman's Yearbook (1917 and 1918). 

261 



262 CONSTITUTIONS OF THE STATES AT WAR. 

CONSTITUTION OF 1/14 JUNE 1911.^ 

[Preamble.] 

In the Name of the Holy, Consubstantial and Indivisible Trinity, 
the Second National Assembly of the Greeks in Athens decrees : 

Religion. 

Article 1. The Established Religion in Greece is that of the East- 
ern Orthodox Church of Christ. Every other known religion is 
tolerated and the forms of its worship are carried out without hin- 
drance under the protection of the laws, proselytism and all other 
interference with the established religion being prohibited. 

Art. 2. The Orthodox Church of Greece, acknowledging for its 
Head our Lord Jesus Christ, is indissolubly united in doctrine with 
the Great Church in Constantinople and with every other Church of 
Christ holding the same doctrine, steadfastly observing, as they do, 
the holy apostolic and synodal canons and holy traditions; it is 
autocephalous, exercising its sovereign rights independently^ of every 
other Church, and it is administered by a Holy Synod of Bishops. 
The ministers of all recognized religions are subjected to the same 
superintendence on the part of the State as the ministers of the 
established religion. 

The text of the Holy Scriptures is maintained unchanged; the 
rendering thereof in another form of language without the previous 
sanction of the Great Church of Christ in Constantinople also is 
absolutely prohibited. 

The Public Rights of the Greeks. 

Art. 3. The Greeks are equal in the eye of the law and contribute 
without distinction to the public burdens according to their ability ; 
and only Greek citizens are admissible to all public employments, 
saving the special exceptions introduced by special laws. Citizens 
are those who have acquired or shall acquire the qualifications of 
citizenship in accordance with the laws of the State. Titles of no-' 
bility or distinction are neither conferred on Greek citizens nor 
recognized by them. 

Art. 4. Personal liberty is inviolable; no man may be prosecuted, 
arrested, imprisoned or otherwise confined, except when and as the 
law provides. 

1 Translation taken from a manuscript belonging to the U. S. Department of State, 
English translation also in the British and Foreign State Papers, 108 : pp. 482-497. 



GREECE. 263 

Art. 5. Except when taken in the act, no man nia_y be arrested 
or inipriKonod v, ithout a judicial warrant statino- the reason, which 
nnist he served at the moment of arrest or detention. He who is 
detained on bcin^ taken in the act or on a warrant of arrest mnst 
be bronght without delay before the competent examining judge 
within til hours of his arrest at the latest, or, if the arrest occurred 
beyond the limits of the district of the examining judge, within the 
time absolutely necessary for his conveyance. The examining judge 
must, within at the most three days of his appearance, either re- 
lease the person arrested or deliver a w^arrant for his imprisonment. 
In the event of either of these terms having passed without such 
action, every jailer or other person, civil or military, charged with 
the detention of the arrested person, must release him instantly. 
Those who violate the above provisions are punished for illegal de- 
tention and are obliged to make good any loss sustained by the in- 
jured party and further to indenniify him in a sum of money fixed 
at the discretion of the judge but never less than ten drachmas per 
diem. 

Akt. {). In case of political oft'enses, the Council of the Judges of 
the Court of Misdemeanors can always, on demand of the person 
detained, allow his release under bail fixed by a judicial order, 
against Avhich an appeal is allowed. In case of these offenses, pre- 
liminary detention caR never be prolonged beyond three months. 

Art. 7. No punishment may be inflicted unless previously fixed by 
law^ 

Art. 8. No one may be withdrawn without his consent from the 
[jurisdiction of the] judge assigned to him by law. 

Art. 9. Each individual or many together possess the right, on 
conforming with the laws of the realm, to address petitions in 
writing to the public authorities, who are bound to take prompt 
action and to furnish the petitioner with an answer in writing, in 
accordance with the provisions of the law. Only after the final 
decision of the authority to whom the petition was addressed, and 
by leave of that authority, may inquir}^ be made as to responsibility 
on the part of the petitioner for offenses contained in the petition. 

Art. 10. The Greeks have the right to meet quietly and unarmed ; 
only at public assemblages the police may be present. Assemblages 
in the open air may be prohibited, if danger to public security is 
imminent from them. 

Art. 11. The Greeks possess the right of association, conforming 
with the laws of the State, and in no case can the laws subject this 
right to previous permission on the part of the government. 

An association can not be dissolved for infraction of the provisions 
of the law except by a judicial decision. 



264 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 12. The dwelling is inviolable. Domiciliary visits can only 
be made when and as the law^ directs. 

Offenders against these provisions are punished for abuse of au- 
thority and are bound fully to indemnify the injured party and 
further to compensate him in a sum of money fixed at the discretion 
of the Law Court but never less than one hundred drachmas. 

Aet. 13. In Greece human beings may neither be bought nor sold ; 
a slave, purchased or otherwise, of every race and religion, is free 
from the time he sets foot on Greek soil. 

Art. 14. Everyone may publish his opinions by speech, by writing 
or by printing, observing the laws of the realm. The press is free. 
Censorship and every other preventive measure is prohibited. The 
seizure of newspapers and other printed treatises whether before or 
after publication is likewise prohibited. Exceptionally seizure after 
publication is permitted on account of insult to the Christian re- 
ligion or to the person of the King, or, in cases determined by law, 
on account of indecent publications manifestly offending public 
decency ; but in such case, within 24 hours, after the seizure, both the 
public prosecutor must submit the case to the Judicial Council and 
the Council must decide whether the seizure is to be maintained or 
withdrawn; otherwise the seizure is cle ^ure raised. Appeal is al- 
io w^ed against the order only to the publisher of the article seized and 
not to the public prosecutor. 

The publication of news or communications relating to military 
movements or to the fortifications of the country may be prohibited 
in such manner as the law shall direct, under threat of seizure and 
criminal prosecution. In case of seizure the provisions above stipu- 
lated are applied. 

Both the publisher of a newspaper and the author of a reprehensi- 
ble publication relating to private life, in addition to the penalty im- 
posed according to the terms of the criminal law, are civilly and 
conjointly liable fully to redress any loss occasioned and to indem- 
nify the injured party in a sum of money fixed at the discretion of 
the judge but never less than 200 drachmas. 

Only Greek citizens are allowed to publish newspapers. 

Art. 15. No oath may be imposed except in the form provided by 
law. 

Art. 16. Education, which is under the supreme supervision of the 
State, is conducted at the State expense. 

Elementary education is obligatory for all, and is given free by 
the State. 

Private persons and corporations are allowed to establish private 
schools conducted in accordance with the Constitution and the laws 
of the realm. 



GREECE. 265 

Art. 17. No one may be deprived of his j)roperty except for the 
public benefit diil}^ proven, when and as the law directs and always 
after indemnification. The indemnification is always fixed through 
the judicial channel. In case of urgency it may be provisionally fixed 
judicially after the beneficiary has been heard or summoned and the 
beneficiary may be obliged, at the discretion of the judge, to give a 
proportionate guarantee in the manner defined by law. Until the 
final or provisional indemnification fixed is paid, all the rights of 
the proprietor are maintained intact, dispossession not being per- 
mitted. 

Special laws settle the details respecting the proprietorship and 
disposal of mines, quarries, archaeological treasures, and mineral 
and running waters. 

Art. 18. Torture and general confiscation are prohibited. Civil 
death is abolished. The penalty of death for political offenses, ex- 
cept when complicated by other crimes, is abolished. 

Art. 19. No previous permission of the administrative authority is 
required to prosecute public or municipal officials for their punish- 
able acts connected with their service, except in the case of ministers 
for which special provisions are laid down. 

Art. 20. The secrecy of letters is absolutely inviolable. 

The Form of Government. 

* Art. 21. All powers have their source in the nation and are exer- 
cised in the manner appointed by the Constitution. 

Art. 22. The legislative power is exercised by the King and the 
House of Representatives. 

Art. 23. The right of proposing laAvs belongs to the House of Rep- 
resentatives and the King, who exercises it through the ministers. 

Art. 24. No proposal regarding an increase of the budgetary ex- 
penditure by salary or pension, or in general for the advantage of a 
person, may originate from the House of Representatives. 

Art. 25. A project of law rejected by either of the two Estates pos- 
sessing the legislative power may not be again introduced in the same 
parliamentary session. 

Art. 26. The authentic interpretation of the laws rests with the 
legislative power. 

Art. 27. The executive power belongs to the King, and is exercised 
by the responsible ministers appointed by him. 

Art. 28. The judicial power is exercised by the courts of law, 
and judicial decisions are executed in the King's name. 
88381—19 18 



266 co^srstitutions of the states at war. 

The King. 

Art. 29. The person of the King is irresponsible and inviolable; 
his ministers are resx^onsible. 

Art. 30. No act of the King is valid, nor is it executed, if it be 
not countersigned by the competent minister, who is rendered re- 
sponsible by his signature alone; in case of a change of the whole 
Ministry, if no one of the retiring ministers consent to counter- 
sigTi the decree dismissing the old and appointing the new Ministry, 
these are signed by the president of the new Ministry after taking 
the oath on appointment by the King. 

Art. 31. The King appoints and dismisses his ministers. 

Art. 32. The King is the highest authority of the State. He com- 
mands the land and sea forces, declares war, concludes treaties of 
peace, alliance and commerce, and communicates them to the House 
of Representatives with the necessary explanations as soon as the 
interest and the security of the State allow it. Nevertheless treaties 
of commerce and any others granting concessions concerning which 
according to other provisions of the present Constitution nothing can 
be determined without a law, or which lay a burden upon Greeks per- 
sonally are not valid without the consent of the House of Representa- 
tives. 

Art. 33. No cession or exchange of territory can take place with- 
out a law. The secret articles of a treaty can never subvert the open 
articles. 

Art. 34. The King confers military and naval rank in accordance' 
v/ith the law ; he appoints and dismisses public officials also according 
to the law, saving the exceptions determined by law, but he can not 
appoint an official to an office not [already] established by law. 

Art. 35. The King issues the necessary decrees for the execution 
of the laws ; but he can never delay the operation, nor except any one 
from the execution of the law. 

Art. 36. The King sanctions and publishes the laws voted by the 
House of Representatives. A law not published within two months 
of the conclusion of the session is null. 

Art. 37. The King convokes the House of Representatives in ordi- 
nary session once a year, and in extraordinary session as often as he 
deems expedient ; he opens and closes each session either in person or 
by deputy, and he has the right of dissolving the House of Represen- 
tatives, but the decree of dissolution, countersigned by the Ministry, 
must at the same time include the convocation of the electors within 
45 days and of the House of Representatives within three months: 

Art. 38. The King has the right, once only, to suspend the labors 
of a legislative session, either by postponing the opening or by inter- 
rupting the continuance of those labors. 



GREECE. 267 

The suspension can not exceed 30 days, nor can it be renewed dur- 
ing the session without the consent of the House. 

Art. 39. The King has the right to pardon, commute and diminish 
the punishments awarded by the courts of law, saving in the case of 
the provisions concerning ministers; he has moreover the right to 
grant amnesty only in the case of political crimes under the respon- 
sibilit}' of the Ministry. 

xVkt. 40. The King has the right to confer the established decora- 
tions in accordance with the provisions of the law relative to this 
subject. 

Art. 41. The King has the right to coin money accordiiig to law. 

Art. 42. The Koyal Civil List is fixed by law; the annual Civil 
List of King George I, in which is included the sum voted by the late 
Ionian Parliament, is fixed at 1,125,000 drachmas. This amount may 
be increased after ten years by a law.^ 

Art. 43. King George after signing the present Constitution will 
take the following oath before the present National Assembly : 

I swear in the name of the Holy, Cousubstantial and Indivisible Trinity to 
defend the established religion of the Greeks, to guard the Constitution and the 
laws of the Greek nation, and to preserve and protect the national independence 
and integrity of the Greek State. 

Art. 44. The King has no other powers than those expressly as- 
signed to him by the Constitution and the special laws consistent 
with it. 

Succession and Regency. 

Art. 45. The Greek Crown and its constitutional rights are heredi- 
tary, and pass to the legitimate and lawful descendants of King 
George I in direct line by order of primogeniture, preference being 
given to the males. 

Art. 46. If no successor exist in accordance with the above stipu- 
lations, the King appoints one with the consent of the House of Rep- 
resentatives, convoked for the purpose, [and deciding] by the vote 
of two thirds of the total number of representatives and by open 
voting. 

Art. 47. Every successor to the Greek throne must profess the re- 
ligion of the Eastern Orthodox Church of Christ. 

Art. 48. The crowns of Greece and of any other State whatever 
can never be united on the same head. 

Art. 49. The King attains his majority on completing the eight- 
eenth year of his age. Before ascending the throne he takes the 
oath comprised in Article 43 in the presence of the ministers, of the 
Holy Synod, of the representatives [present] in the capital and of 

^ This amount was increased about two years later to 2,000,000 drachmas. 



268 constitutio:e^s of the states at war. 

the other higher authorities. The King convokes the House of Kepre- 
sentatives within two months at the most, and repeats the oath be- 
fore the representatives. 

Art. 50. In case of the King's death, if the successor be a minor 
or absent, and there be no Regent already appointed, the House of 
Representatives, even if its term have expired or it have been dis- 
solved, assembles without summons on the tenth day at latest after 
the King's death. The royal constitutional power is exercised by 
the Ministerial Council under in its own responsibility until the 
Regent have taken the oath or the successor have arrived. A special 
law will regulate the details concerning the Regency. 

Art. 51. If, when the King dies, his successor be a minor, the 
House of Representatives, even if its terms have expired or it have 
been dissolved, assembles to choose a guardian ; but a guardian is only 
chosen when none such is named in the will of the deceased King, or 
when the infant successor has not a mother remaining in her widow- 
hood, who is then called as of right to the guardianship of her child. 
The guardians of the infant King, whether appointed by will or 
chosen by the House of Representatives, must be a Greek citizen of 
the Eastern faith. 

Art. 52. In case of a vacancy of the throne the House of Repre- 
sentatives, eA^en if its term have expired or it have been dissolved, 
provisionally elects a Greek citizen of the Eastern faith as Regent, 
and the Ministerial Council exercises under its own responsibility the 
royal constitutional power in the name of the nation until the 
Regent have taken the oath ; within two months at the latest repre- 
sentatives equal in number to the members of the House are elected 
by the citizens, and these, meeting in one body with the House of 
Representatives, choose a King by a majority of two thirds of the 
whole number and by open voting. 

Art. 53. If the King owing to sickness deem necessary the estab- 
lishment of a Regency, he convokes the House with this object 
and invites through the Ministry [the passing of] a special law to 
this effect. If the King is not in a state to reign, the Ministerial 
Council convokes the House of Representatives, and the House when 
it meets, if it recognizes the necessity by a majority of three fourths 
of the votes, chooses a Regent and, if necessary, a guardian, by open 
voting. 

A special law will settle the details concerning a Regency in case 
of the absence of the King from the Kingdom. 

The House of Representatives. 

Art. 54. The House of Representatives assembles annually by 
inherent right on the 1st of October [old style] in regular session foi 



GREECE. 269 

the business of the year unless the King convoke it for this business 
earlier in conformity with Article 37. 

The duration of each regular session may not be less than three 
months, in which the period of suspension according to Article 38 
is not computed. 

Art. 55. The House of Representatives sits in public in the Par- 
liament House, but may debate with closed doors on the demand of 
the members if it be so decided in secret sitting by a majority, and 
afterwards it decides whether the debate on the same subject ought 
to be resumed in public sitting. 

Art. 56. The House of Representatives can not debate without 
the presence of at least one third of the total number of its members, 
nor can it take any decision without an absolute majority of the mem- 
bers present, which majority can in no case be less than four fifths 
of the minimum number of the quorum. 

In case of an equality of votes, the motion is rejected. 

Ajrt. 57. No project of law is adopted unless it have been dis- 
cussed and voted by the House of Representatives, once in principle 
and twice article by article and as a whole, on three different days. 

After the vote in principle, the project under discussion is sent to 
a committee of the House, if it has not been previously so sent or if 
it has not been elaborated by the Council of State ; and after it has 
been revised by the committee, or the period fixed for that purpose 
has expired, the debate article by article follows in different sittings 
not less than two days apart from each other. But in exceptional 
circumstances the House may, declaring the project urgent, abstain 
from sending it to a committee and may reduce to one day the 
interval between the two discussions article by article. 

If amendments are admitted at the time of the last discussion, the 
vote of the project as a whole is postponed until what has been voted 
has been printed and distributed as amended. 

The voting of judicial codes previously prepared by special com- 
mittees constituted by special laws may take place by means of a 
particular law sanctioning the said codes as a whole. The project 
of such a law may not be declared urgent. 

The codification of existing provisions by simple rearrangement, 
or the entire reenactment of repealed laws, except laws relating to 
taxation may be effected in the same manner. 

Art. 58. No one without a summons may present himself before 
the House of Representatives to make any statement verbally or in 
writing, but petitions are presented by a member or deposited at the 
office. The House has the right to send the petition addressed to it 
to the ministers, who are bound to give explanations whenever they 
are demanded ; the House can also appoint from among its members 
committees to examine the subjects. 



270 coNSTiTUTiojsrs or the states at wae. 

x\.RT. 59. No tax can be imposed or collected without a law. Ex- 
ceptionally, in the case of imposition or increase of an import duty 
the collection of it is permitted from the date of the presentation to 
the House of the project concerning it, upon the express condition 
of the publication of the law at latest within ten days of the close of 
the parliamentary session. 

Akt, 60. In its annual ordinary session the House of Representa- 
tives votes for the ensuing financial year the strength of the military 
and naval forces, the conscription for the arm}^ and navj^, and the 
budget, and decides concerning the final accounts. All the revenue 
and expenditure of the State must be shown in the budget and in 
the final accounts. 

The budget is brought into the House within the first two months 
of the session, and after being examined by a special committee of 
members, it is voted in one reading chapter by chapter and article by 
article, in sections to be settled in the regulations of the House, and 
on four different days, but a division by roll call is to be taken on 
the total estimates of each ministry. 

The final account of the last financial year is brought into the 
House within a year at latest after its close. It is examined by a 
special committee of members, and is voted by the House in the man- 
ner to be settled in its regulations. 

Aet. 61. No salary, pension, allowance or remuneration is in- 
scribed in the budget of the State, or is granted, without an organic 
or other special law. 

Art. 62. A representative can not be prosecuted, nor in any way 
questioned on account of an opinion or vote given bj^ him in the 
exercise of his duty as a representative. 

Art. 63. During the parliamentary session a representative can 
not be prosecuted, arrested or imprisoned without the leave of the 
body; such leave is not required in case of discovery in flagrante 
delicto. Personal detention can not be exercised against a repre- 
sentative during the parliamentary session, four weeks before its be- 
ginning and three after its termination. 

If a representative chance to be undergoing personal detention he 
is released without four weeks before the beginning of the session. 

Art. 64. Before beginning their duties the representatives take the 
following oath in the Parliament House and in public sittings : 

I swear in tlie name of the Holy, Consubstantial and Indivisible Trinity to 
observe fidelity to the country and to tlie Constitution and the laws of the State, 
and conscientiously to fulfill my duties. 

Representatives belonging to other religions, instead of the invoca- 
tion "in the name of the Holy, Consubstantial and Indivisible 
Trinity," swear according to the formula of their own religion. 



GREECE. 271 

Art. 65. The House of Representatives determines by its regula- 
tions the manner of fulfilling its duties. 

Art. 66. The House of Representatives is composed of representa- 
tives chosen by the citizens having the right to elect by direct, uni- 
versal and secret suffrage. 

The parliamentary elections are ordered and carried out simul- 
taneously throughout the realm. 

Art. 67. The representatives represent the nation and not only the 
electoral district b}^ which they are returned. 

Art. 68. The number of representatives from each electoral dis- 
trict is fixed by law in propjortion to the population. But tlie total 
number of representatives can never be less than 150. 

Art. 60. The representatives are elected for four consecutive years, 
commencing from the date of the general elections; and at the end 
of the quadrennial parliamentary jDeriod the holding of general par- 
liamentary elections is ordered. Within 45 days from the holding 
of these elections the House of Representatives is obligatorily sum- 
moned to an ordinary sesion only if the late House have not fulfilled, 
for the year in which the elections were held, the stipulations of 
Article 60. 

A representative's seat vacated during the last year of the period 
is no't filled, provided that the number of vacancies do not exceed 
one fourth of the total number of representatives. 

Art. 70. To be elected representative it is necessary to be a Greek 
citizen, to have completed the 25th year and to be lawfully qualified 
to elect. 

A representative who loses these qualifications is ipso facto de- 
prived of the character of representative. Should doubt arise upon 
this point the House of Representatives decides. 

Art. 71. Salaried public servants, militarj' men on the active list, 
mayors, notaries, custodians of mortgages and deeds of transfer, and 
process-servers can not be elected representatives unless they have 
resigned their functions before the day of nomination of candidates. 

The duties of a representative are incompatible with the business 
of a manager or other representative, director or salaried legal ad- 
viser or employee of mercantile societies or undertakings enjoying 
special privileges or a regular subvention in virtue of a special law. 

Those who belong to one of those catagories must within eight 
days of the validation of their election declare their choice between 
the position 6f representative and their business as above; in de- 
fault of such declaration they ipso facto lose the position of repre- 
sentative. 

The incompatibility of other business also with the character of a 
representative may be established by law. 



272 CONSTITUTIOE-S OF THE STATES AT WAK. 

Art. 72. Representatives undertaking any one of the duties or 
businesses referred to in the preceding article if80 facto lose the 
character of a representative. 

Art. 73. The examination and the trial of parliamentary elec- 
tions against the validity of which objections are raised refer- 
ring either to electoral irregularities in the course of them 
or to the absence of qualifications (in the elected candidate) are 
referred to a special tribunal chosen by lot from among all the 
members of the Areopagus [Court of Cassation] and of the Courts 
of Appeal of the realm. The drawing of lots is effected by the 
Areopagus in public sitting, and the presidency of the special tri- 
bunal is occupied by the member who takes precedence by rank or 
seniority. The details with regard to its functions and to its entire 
procedure will be settled by a law. 

Resignation of the representative character is the right of the 
representative. 

Art. 74. The House of Representatives elects from among its mem- 
bers at the beginning of each parliamentary session its president, its 
vice-president and its secretaries. 

Art. 75. Representatives resident at Athens and the Piraeus re- 
ceive as compensation from the public treasury at the beginning of 
every quarter 800 drachmas [$160] ; the rest 1,000 drachmas [$200]. 

An additional allowance of 250 drachmas a month is granted to the 
regular president of the House of Representatives for contingent ex- 
penses. 

In no circumstances is any other compensation granted to represen- 
tatives for the fulfilment of their duties. 

Art. 76. In case of absence of a representative for more than five 
sittings per month without the leave of the House, during an ordi- 
nary or extraordinary session, 20 drachmas for each sitting are re- 
tained out of the above compensation. 

The Ministers. 

Art. 77. No member of the royal family can be aj^pointed min- 
ister. 

Art. 78. The ministers have free entrance to the sittings of the 
House of Representatives, and are listened to whenever they demand 
a hearing ; but they only vote if they are members. The House can 
require the presence of ministers. 

Art. 79. In no case can an order from the King, whether written 
or verbal, release the ministers from responsibility. 

Art, 80. The House of Representatives has the right to impeach 
ministers, in accordance with the laws concerning ministerial respon- 
sibility, before the tribunal ad lioc presided over by the president of 



GREECE. 273 

the Areopagus [Court of Cassation] and composed of 12 judges 
drawn by lot by the president of the House in public sitting from 
among all the members and president of the Courts of the Areopagus 
and of Appeal already appointed before the impeachment, in the 
manner more specifically determined by the law. 

Art. 81. The King can pardon a minister, condemned according 
to the above provisions, only with the consent of the House of Rep- 
resentatives. 

The Council of State. 

Art. 82. To the province of the Council of State belong par- 
ticularly : 

1. The elaboration of projects of law and of decrees containing 
regulations. 

2. The decision of differences, concerning a contested adminis- 
trative act, which are submitted to it by law. 

3. The invalidation on petition, for infringement of the law, of 
acts of the administrative authorities, in accordance with details more 
particularly fixed in the law. 

4. The supreme disciplinary jurisdiction over irremovable ad- 
ministrative oificials according to the laws dealing with that subject. 

In cases provided for in Paragraphs 2, 3 and 4, Articles 92 and 93 
of the Constitution apply. 

Art. 83. The Council of Ministers decides what projects of law 
shall be entrusted to the Council of State for elaboration before they 
are presented to the House of Representatives. The House may refer 
to the Council of State the projects submitted to it. 

The budget is never referred to the Council of State. 

Art. 84. Decrees containing regulations are issued after opinion 
given by the Council of State, which pronounces within a suitable 
period fixed by the competent minister ; should this period pass with- 
out any action being taken, the decree is issued Avithout [the Coun- 
cil's] opinion. 

The opinion of the Council of State is not binding on the 
minister. 

Art. 85. The members of the Council of State are ordinary and 
extraordinary. The number of them is fixed by law, but that of 
ordinary members can not be less than 7 nor more than 15, nor 
that of extraordinary members more than 10. The extraordinary 
members are chosen from among the superior public servants of the 
State other than judicial, at an additional salary fixed by the law. 

Art. 8G. The ordinary members of the Council of State are ap- 
pointed by royal decree on the proposal of the Ministerial Council. 
The term of service is ten years, and those w^ho have completed their 



274 co:i<rsTiTUTio]s"s or the states at wae. 

service may be reappointed. But on the first establishment of the 
Council of State the term of service, as regards one third to be 
chosen hj lot, shall be considered to be at an end on the comple- 
tion of the eighth year of its activity as regards the second third 
on the completion of the tenth, and as regards the last third on the 
completion of the twelfth year. 

The duties of the ordinary members of the Council of State are 
incompatible with the duties of any other public, communal or 
ecclesiastical official with the exception of those of xDrofessor of legal 
and political sciences in the Xational University and those of min- 
ister; but the simultaneous exercise of the functions of minister 
and councillor of State is never permitted. 

A special law shall regulate the qualifications of the ordinary 
members of the Council of State, the conditions of their retirement 
during their term of service, the details of an auxiliary staff, and 
everj^thing relating to the organization and working of the Council 
of State. 

The Judicial Power. 

Art. 87. Justice is administered by judges appointed by the King 
according to the law. 

Art. 88. The members of the Areopagus [Court of Cassation], 
Courts of Appeal and Courts of First Instance are appointed for 
life, and the public prosecutors, their substitutes, justices of the 
peace, special magistrates, clerks and assistant clerks of the courts 
and of the public prosecutors' offices, notaries and custodians of 
mortgages and deeds of transfer are irremovable, so long as their 
respective service exist. Judicial functionaries enjoying life tenure 
or irremovability can not be dismissed without a judicial sentence 
consequent either upon a criminal conviction, upon disciplinary 
faults, or upon illness or incapacity, attested in such manner as the 
law shall direct, and the provisions of Articles 92 and 93 being 
observed. 

They retire obligatorily from the service on the completion of the 
limit of age fixed by law, which for the members of the Areoj)agus 
can not be higher than the 75th nor lower than the 65th year, and 
for all other salaried judicial officials not higher than the 70th nor 
lower than the 60th year. 

Until the passing of a new special law concerning an age limit all 
the above salaried judicial officials retire on the completion of their 
65th year. 

Art. 89. The qualifications of judicial officials in general are fixed 
by law. 



GKEECE. 275 

Art. 90. Judicial officials, except assistant clerks, appointed for 
life or irremovable are placed, transferred and promoted by a Su- 
preme Judicial Council, composed of members of the Areopagus in 
such manner as is directed by law. 

Promotion to the posts of president, vice-president and public 
prosecutor of the Areopagus is not within the province of the Su- 
preme Judicial Council. 

Art. 91. Judicial committees and extraordinary tribunals under 
whatsoever name are not allowed to be set up. 

A special law shall regulate, for the eventuality of a state of war 
or of a general mobilization on account of external dangers, the de- 
tails of the temporary total or partial suspension of Articles 5, 6, 10, 
11, 12, 14, 20 and 95 of the Constitution, of the proclamation of a 
state of siege and of the establishment and working of exceptional 
tribunals. The said law can not be modified during the course of the 
labors of the House of Kepresentatives summoned for the purpose 
of putting it into operation. It is put into operation as regards all 
or some only of its provisions, throughout the whole realm or part 
of it, by a royal decree issued wdth the consent of the House of 
Representatives. 

If the House is not in session the law may be put into operation 
without its consent by a royal decree countersigned by the whole 
Ministerial Council. By the same royal decree, under penalty of 
its invalidity, the House of Representatives is summoned to meet 
within five days, even if its term have expired or if it have been dis- 
solved, in order that by an act of its own it may decide as to the 
maintenance or the withdrawal of the provisions of the royal de- 
cree. The parliamentary immunity of Article 63 commences from 
the publication of the royal clecree. 

The application of the above royal decree is extended, in the case 
of war, no longer than the termination of it, and in the case of 
mobilization it is automatically raised after tw^o months if in the 
meantime its validity have not been extended by further consent of 
the House of Representatives. 

Art. 92. The sittings of the courts of law are public, except when 
publicity would be injurious to good morals or public order, but then 
the courts must issue a decision to that effect. 

Art. 93. Every judgment must be specially reasoned and must be 
pronounced in public sitting. 

Art. 94. The jury system is retained. 

Art. 95. Political offenses are tried by juries, as well as press 
offenses, when they do not concern private life. 



'276 coisrsTiTUTioisrs of the states at war. 

Art. 96. A judge is not allowed to accept additional salaried serv- 
ice, except that of professor in the University. 

Art. 97. The details concerning military or naval courts martial, 
piracy, barratry and prize courts are regulated by special laws. 

The Court op Accounts. 

Art. 98. The members and assessors of the Court of Accounts are 
■appointed for life and are only dismissed under the conditions of 
Article 88, but they obligatorily retire from the service upon attaining 
the age limit fixed by the law, which can not be higher than the 75th 
nor lower than the 65th year. The qualifications of the members 
and assessors of the Court of Accounts are fixed by law. 

General Provisions. 

Art. 99. Without a law foreign troops can not be received into 
the Greek service, nor remain in the State nor pass through it. 

Art. 100. Only when and as the law directs can military and naval 
men be deprived of their rank, honors and pensions. 

Art. 101. Contested administrative cases continue to be carried be- 
fore the ordinary tribunals, by which they are judged as urgent, ex- 
cepting those questions for which special laws set up administrative 
tribunals by which the provisions of Articles 92 and 93 are to be 
observed. Pending the publication of special laws the existing laws 
<3oncerning administrative jurisdiction remain in force. 

Petitions of final appeal against the decisions of the administrative 
tribunals belong exclusively to the jurisdiction of the Council of 
State from the moment when it shall have begun to perform its 
functions. Conflicts [of jurisdiction] between judicial and admin- 
istrative authorities or between the Council of State and administra- 
tive authorities are judged by the Areopagus, until a special law shall 
have established to try them a mixed tribunal composed of equal 
numbers of the Areopagus and ordinary Councillors of State, under 
the presidency of the Minister of Justice or his substitute designated 
by the law. 

Art. 102. The qualifications of administrative officials in gen- 
eral are fixed by law. 

When the Council of State shall have begun to perform its func- 
tions, the above officials are irremovable from the date of their 
definitive appointment so long as their respective services exist; 
except in the cases of dismissal in virtue of a judicial decision, they 
are not transferred without an affirmative opinion, nor are they 
discharged or degraded without a special decision of a council or- 
ganized according to law, and composed, as regards at least two 
thirds of its members, of irremovable officials. Against such de- 



GREECE. 277 

cision recourse to the CounciLof State is permitted in the manner 
more particularly laid down in the law. 

Exceptions from the qualifications and the irremovability [of 
public officials] may be made in the cases of envoys and diplo- 
matic agents, consuls general, secretaries general of ministries, pri- 
vate secretaries to ministers, prefects, the Royal Commissioner to the 
Holy Synod, and the Director General of Posts and Telegraphs. 

Art. 103. Charges of wrongful administration of justice against 
members of the Areopagus, life members of the Court of Accounts, 
and ordinary Councillors of State are tried before a special tri- 
bunal of five members, composed in such manner as the law directs 
[of persons] chosen by lot from among those three bodies, from' 
advocates members of the Supreme Disciplinary Council, and from 
the professors of the faculty of law of the University, one mem- 
ber being taken from each body. 

Before this tribunal are also brought all preparatory proceed- 
ings ; and no other permission is required. 

The same tribunal may also be empowered by law to try charges 
of wrongful administration of justice against judges of first in- 
stance, judges of appeal and public prosecutors. 

Art. 104. The disciplinary authority over the members of the 
Court of Accounts, the Areopagus, and the Council of State is also 
exercised by a Council composed of two members of each of those 
bodies and two professors of the faculty of law of the University^ 
all chosen by lot, under the presidency of the Minister of Justice. 

As occasion requires, those of the members of the Council are left 
out who belong to the body upon whose proceedings the Council is 
called upon to pronounce, whether the whole of it or some only of 
its members are implicated. 

Art. 105. The election of the municipal authorities is effected by 
universal suffrage. 

Art. 106. Every Greek, capable of bearing arms, is under obliga- 
tion to contribute towards the defense of the country according to the 
terms of the laws. 

Art. 107. The official language of the State is that in which the 
texts of the Constitution and of the Greek legislation are drawn up ; 
any attempt to corrupt it is prohibited. 

Art. 108. The revision of the whole of the Constitution is not 
permitted. 

Ten years after this provision has taken effect a revision of the 
non-fundamental provisions of the Constitution is permitted, when- 
ever the House of Representatives, through two thirds of the total 
number of its members, demands it by a special act, particularly 
defining the provisions to be revised, and voted on two separate- 
occasions distant not less than one month from one another. 



278 CONSTITUTIONS OF THE STATES AT WAR. 

The revision having been decided on, the existing House of Kep- 
resentatives is ipso facto dissolved and a new one is convoked, which 
during its first session takes a decision upon the articles to be re- 
vised, by an absolute majority of the total number of its members. 

Art. 109. All laws and decrees, in so far as they are in contra- 
diction with the present Constitution, are repealed. 

Art. 110. The present Constitution takes effect as soon as it has 
been signed by the King, and the Ministerial Council must publish 
it in the Offidal Gazette within 24 hours of the signature. 

Any revision of the non-fundamental provisions of the Constitu- 
tion which is voted, is promulgated and published through the Of- 
■jicial Gazette within ten days of its being voted by the House of 
Representatives, and is put into operation by a special resolution [of 
the House]. 

Art. 111. The preservation of the present Constitution is com- 
mitted to the patriotism of the Greeks. 



GUATEMALA. 

Guatemala was one of the five nations forming the Central Amer- 
ican Federation, and under the Federal Constitution of 22 November 
1824^ was given a separate Constitution. After the dissolution of 
the federal agreement, Eafael Carrera organized a separate govern- 
ment for the State of Guatemala and caused to be sanctioned by an 
assembly in the month- of October, 1851, a "Constitutive Act of the 
Eepublic of Guatemala," which was amended on 29 January 1885. 
After the death of Carrera (14 April 1865) two attempts were made 
at constitutional reform, but neither accomplished lasting results. 
The present Constitution dates from 11 December 1879 ; it was modi- 
fied in 1885, 1887, 1889, 1893, 1897 and 1903.^ 



CONSTITUTION OF 11 DECEMBER 1879.=^ 
[Preamble.] 

We, the representatives of the sovereign people of Guatemala, 
lawfully called together and assembled in sufficient number, do 
hereby decree and sanction the fundamental laws Avhich, united in 
a single body, form the following Constitution of the Republic. 

Title I. — The Nation and its Inhabitants. 

Article 1. Guatemala is a free, sovereign and independent na- 
tion. The exercise of its sovereignty is delegated to the authorities 
established by the Constitution. 

Art. 2. Guatemala shall maintain and cultivate intimate family 
and reciprocal relations with the other Republics of Central 
America. And whenever the Central American nationality should 
be again brought into existence in a stable, just, popular and suitable 
manner, the Republic of Guatemala shall be ready to become a part 
thereof. 

1 English translation In the British and Foreign State Papers, 13 : pp. 725-747. 

2 This introductory paragraph is based upon F. R. Dareste et P. Dareste, Le's Con- 
stitutions modernes {3d edition, Paris, 1910), vol. ii, pp. 561-562. 

^ Spanish text and English translation of this Constitution and Transitory Provisions 
in parallel columns in J. I. Rodriguez, American Constitutions (Washington, 1906), 
vol. I, pp. 236-258. English translation in the British and Foreign State Papers, 70 : 
pp. 866-879, and 78 : pp. 1007-1012, respectively. The translation given here is based 
upon the one in Rodriguez. 

279 



280 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 3. The supreme power of the nation is republican, demo- 
cratic and representative, and is divided, as to its exercise, into the 
legislative, executive and judicial powers; it shall be entirely inde- 
pendent in the exercise of its functions. 

Art. 4. Guatemalans are divided into native and naturalized. 

Art. 5. The following are native Guatemalans: 

1. All those born or who may be born hereafter in the territory 
of the Eepublic, no matter what the nationality of their fathers may 
be, with the exception of the children of diplomatic agents. 

2. Children of Guatemalan fathers or illegitimate children of 
Guatemalan mothers born in a foreign country, from the moment in 
which they establish their residence in the Republic ; and even with- 
out this condition when, according to the laws of the place of birth, 
the nationality of Guatemala corresponds to them, or when, having 
the right to choose, they adopt Guatemalan citizenship. 

Art. 6. Natives of the other Central American Republics who de- 
clare before competent authority their desire to become Guatemalans, 
shall be considered native Guatemalans. 

Art. 7. The following are naturalized Guatemalans: 

1. Spanish- Americans domiciled in the Republic, if they do not 
desire to retain their own nationality. 

2. All other foreigners who have been naturalized in conformity 
with previous laws. 

3. Those who .obtain naturalization papers according to law. 
Art. 8. The following are citizens: 

1. Guatemalans over 21 years of age who know how to read and 
write, or who have an income, industry, trade or profession providing 
them with means of subsistence. 

2. All those over 18 years of age who belong to the army. 

3. All those over 18 years of age who have received a literary 
degree or title in a national establishment. 

Art. 9. The rights inherent to citizenship are : 

1. The electoral right. 

2. The right to aspire to public office when the law requires citi- 
zenship as a qualification therefor. 

Art. 10. When the law requires citizenship as a qualification for 
the exercise of any public function, the said function may be en- 
trusted to foreigners who have all the other qualifications required 
by the same law ; by the fact of their acceptance of the position they 
shall become naturalized citizens. 

Art. 11. Citizenship is suspended, lost or recovered according to 
law. 

Art. 12. The following are the duties of Guatemalans : 
1. To serve and defend the country. 



GUATEMALA. 281 

2. To obey the laws, respect the authorities and comply with the 
regulations of the police, 

3, To contribute in the manner established by law to meet the 
public expenses. 

Art. 13. Foreigners, from the moment of their arrival in the ter- 
ritory of the Republic, are strictly bound to respect the authorities 
and observe the laws, and acquire the right to be protected by them. 

Art. 14. Neither Guatemalans nor foreigners shall have in any case 
the power to claim from the government indemnification for dam- 
ages or injuries done to their persons or property bj' revolutionists. 

Art. 15. Foreigners are bound to comply with tlie police laws and 
regulations, and to pay the local taxes, as well as all other taxes levied 
or to be levied hereafter, whether heavier or lighter, on commerce, 
industry, profession or property owned or possessed. 

Title II. — Guarantees. 

Art. 16. The authorities of the Republic are established to pro- 
tect the inhabitants in the enjoyment of their rights, which are, 
liberty, equality, security of person, of honor and of property. 

Art. it. All power is originally vested in the nation. Officials 
are not the owners but the depositaries of the authority, sijbject to 
the law and never superior to it, and always responsible for their 
official conduct. 

Art. 18. Primary instruction is compulsory; the instruction fur- 
nished by the nation is laical and gratuitous. 

Art. 19. All persons are free to enter, remain in and leave the ter- 
ritory of the Republic, except in the cases determined by law. 

Art. 20. Industry is free. The author or inventor enjoys the 
ow^nership of his w^ork or invention for a period of time not exceed- 
ing 15 years, but literary property is perpetual. 

The executive may grant concessions for a term not exceeding 
10 years to those who introduce or establish new industries in the 
Republic. 

Art. 21. All persons may freely dispose of their property, pro- 
vided that by so doing they do not violate any law. 

Entailments of property, however, and every endowment (insHtu- 
cion) in favor of dead hands, are absolutely forbidden, excepting 
only those made in favor of charitable establishments. 

Art. 22. The inhabitants of the Republic, whether nationals or 
foreigners, may direct their petitions to the authorities. 

Armed forces shall not deliberate or exercise the right of petition. 

Art. 23. The inhabitants of the Republic have free access to the 
courts of the country to exercise their actions in the form prescribed 
88381—19 19 



282 coisrsTiTUTioisrs of the states at wae. 

by the laws. Foreigners shall not resort to diplomatic action except 
in case of denial of justice. For this purpose, the fact that a judg- 
ment obtained is not favorable to the claimant shall not be under- 
stood as a denial of justice. 

Art. 24. The exercise of all religions, without preference for 
any particular one, is guaranteed in the interior of the temples ; but 
this free exercise shall not be extended to the performance of acts 
subversive of or practices inconsistent with peace and public order, 
nor shall it give right to oppose the fulfillment of civil and political 
obligations. 

Art. 25. The right of association and of peaceful assembly with- 
out arms is guaranteed, but the establishment of conventual congre- 
gations and all kinds of monastical institutions or associations is 
forbidden. 

Art. 26. The expression of ideas, verbally, in writing, or through 
the press, without previous censorship, is free. Anyone abusing this 
right shall be responsible for it before the law. A jury shall take 
cognizance of all offenses and crim6s committed through the press. 

Art. 27. All the inhabitants of the Republic are free to give or 
receive the instruction which they may prefer, in establishments not 
supported with funds of the nation. 

Art. 2^8. Property is inviolable; its expropriation shall only be 
ordered upon legal proof that the public interests are subserved 
thereby, and in this case the owner, before his property is seized, 
shall receive its just value in cash. 

In case of war the indemnity need not be previous. 

Art. 29. Services not to be rendered gratuitously under a law, or 
under a judicial decision founded on law, shall be justly remunerated. 

Art. 30. No one shall be detained or imprisoned except by reason 
of crime or offense. The law determines the cases and the formalities 
for proceeding to detention or arrest. 

Art. 31. Every detained person shall be examined within 48 hours; 
the detention shall not exceed five days; and within this period the 
authority which ordered it shall either give the reason for the war- 
rant of imprisonment or discharge the prisoner. 

Art. 32. No one shall be kept in solitary confinement except in the 
cases, for the time and with the formalities established by law ; nor 
shall anyone be subject to restrictions not indispensable for his safe- 
keeping. 

Art. 33. No warrant of imprisonment shall be issued without the 
summary information, previously obtained, that an offense punish- 
able with corporal or pecuniary penalty has been committed and 
without present reasons legally sufficient for believing that the de- 
tained person is the delinquent. 



GUATEMALA. 283 

Art. 34. The Constitution recognizes the right of habeas corpiis^ 
or let the prisoner be produced.^ 

Art. 35. No one shall be compelled to testify against himself, his 
€onsort, ascendants, descendants, or brothers or sisters. 

Art. 36. The defense of persons or rights before the courts is in- 
violable, and no one shall be tried by special tribunals. 

Art. 37. The correspondence of every person and his private 
papers are inviolable. Only by order of the competent judge shall 
the former be detained and opened or the latter seized, in the cases 
and with the formalities required by law. 

Art. 38. Domicile is inviolable. The law determines the formali- 
ties and the cases in which the domicile can be rightfully entered. 

Art, 39. When the territory of the nation is invaded or attacked, 
or when public tranquility is in any way threatened, the President, 
with the advice of the Council of Ministers, shall suspend, by means 
of a decree, the individual guarantees described in this title, and he 
shall then state whether the suspension embraces the whole Republic 
or only one or more departments of the same ; he shall also report the 
fact to the Assembly at the next session. 

Title III. — The Legislative Po^ver. 

SECTION I. — ORGANIZATION OF THE LEGISLATIVE POWER. 

Art. 40. The legislative power is vested in the National Assembly. 

Art. 41. The National Assembly shall meet every year on 1 
March, even if not called to convene. Its ordinary sessions shall 
last two months, but this period may be extended a month longer. 

Art. 42. The Assembly shall not hold any meeting without the 
presence of an absolute majority of the members of which it is com- 
posed ; but the meeting of 15 deputies, at least, shall be sufficient for 
passing upon credentials and taking suitable measures against the 
obstacles to a majority in the Assembly. 

Art. 43. The Assembly shall hold an extra session whenever it 
has been convoked by the executive powder or the Permanent Com- 
mittee, and in these cases it shall only discuss the subjects mentioned 
in the call. 

Art. 44. Deputies, from the day of their election, shall enjoy the 
following prerogatives : 

1. Personal immunit}^ from indictment or trial, unless the As- 
sembly previously authorizes the prosecution by declaring that 
criminal proceedings can be instituted; but they can be arrested in 
case of -flagrante delicto. 

1 That is to say, so that the reasons for his detention may be stated. The last clause 
is merely a free rendering in the vernacular of the Latin law term. 



284 CONSTITUTION'S OF THE STATES AT WAE. 

2. Irresponsibility for all their opinions, for the introduction of 
any legislative measures and for the manner of doing business in the 
discharge of their duties. 

These prerogatives do not authorize arbitrariness or excesses of 
personal initiative on the part of the deputies. 

The rules of the .Assembly shall establish the manner of repressing 
any abuses which may be committed. 

Art. 45. After the declaration referred to in § 1 of the fore- 
going article has been made, the accused parties shall remain subject 
to the competent judge and suspended from the exercise of their 
legislative functions, which they shall not exercise unless they are 
acquitted. If they are condemned, their seats shall remain vacant 
and new elections shall be ordered to be held. 

Art. 46. If the Assembly is not in session, the Permanent Com- 
mittee shall declare whether or not criminal proceedings shall be 
instituted against the deputy. 

Art. 47. Should any deputy be arrested flagrante delicto^ he shall 
be placed immediately at the disposal of the Assembly, or of the 
Permanent Committee if the Assembly is not in session. 

Art. 48. The Assembly shall consist of a deputy for each 20,000 
inhabitants or for each fraction thereof exceeding 10,000. 

The law shall provide the manner of holding the elections; but 
without modifying the principle of direct popular election. 

Art. 49. To be elected deputy it is required to be in the exercise of 
the rights of citizenship and to be over 21 years of age. 

Art. 50. Contractors of public works or services of any kind, the 
cost of which is defrayed with State funds, and those who in conse- 
quence of the said contracts have pending claims of their own 
private interest shall be ineligible to be deputies. The secretaries 
of State shall also be ineligible ; as also, for the department or elec- 
toral district in which they exercise their functions, political chiefs, 
military commanders, judges of the first instance, collectors of public 
revenue and ministers of religion. 

Art. 51. Deputies shall remain iri the exercise of their func- 
tions four years, but the Assembly shall be renewed by halves every 
two years. For this purpose the Assembly shall, before closing the 
session of its first constitutional year, decide by lot the deputies who 
are to go out at the expiration of the first two-year period. 

SECTION II. ATTRIBUTIONS OF THE LEGISLATIVE POWER. 

Art. 52. It belongs to the legislative power : 

1. To open and close its ordinary and extraordinary sessions, 

2. To count the votes for President of the Eepublic and to pro- 
claim popularly elected the citizen who obtained an absolute majority 
of votes. 



GUATEMALA. 285 

3. To elect the President from among the three candidates who 
obtained the greatest number of votes, in case there is no popular 
election because of the absence of an absolute majority of votes, 

4. To appoint in the last meetings of each year the designates 
{designados) . 

5. To give possession [of his office] to the President of the 
Republic and to receive from him the declaration required by law. 

6. To accept or refuse to accept, as it ma}' deem advisable, the 
resignation of the President of the Republic. 

7. To grant or refuse permission to the President of the Repub- 
lic to absent himself from the territory of Central America. 

8. To designate the person who shall act, during his absence, 
as President of the Republic, when the latter has obtained permission 
to absent himself from the territory of Central America. 

9. To count the votes for president, magistrates and public 
prosecutors of the courts of justice, whose election shall be popular 
and direct, and to proclaim elected by the people the citizens who 
have obtained a plurality of votes. 

10. To accept or refuse to accept the resignations of the presi- 
dent, magistrates and public prosecutors of the courts of justice, 
and designate, if the resignations are accepted, or if the offices 
become absolutely vacant, the persons who should fill the positions 
until the completion of the respective constitutioual terms of office. 

Art. 53. The Assembly also has power to declare whether or not 
impeachment proceedings shall be instituted against the President 
of the Republic, members of the cabinet, members of the Council of 
State, magistrates, public prosecutors of the superior courts and 
solicitors of the government. 

The law of responsibilities determines the form of the impeach- 
ment proceedings and the tribunal which shall take cognizance of 
the case. 

Art. 54. The legislative power also has the following attribu- 
tions: 

1. To enact, interpret, amend and repeal the laws which must bo 
observed in all branches of the administration. 

2. To fix every year the expenses of the public administration, 
approving or disapproving the estimates submitted by the executive 
power. 

3. To levy the ordinary taxes and imposts required to cover the 
expenses of the government and the claims approved. 

4. To approve or disapprove every year the account which the 
executive must submit of the funds disbursed in the public admin- 
istration, and of any unforeseen expenses which may have been 
necessary. 

5. To levy extraordinary taxes when the necessity so demands. 



286 CONSTITUTIONS OF THE STATES AT WAR. 

6. To authorize the executive power to enter into contracts and 
negotiate loans, either at home or abroad, and to pledge for their 
payment the revenues of the nation. 

7. To examine the claims against the public treasury for credits 
not included in the estimates, and, if they are approved by the Assem- 
bly, to set aside funds for their amortization. 

8. To fix the fineness, weight and denominations of the national 
currency, and to fix likewise the system of weights and measures. 

9. To approve or disapprove, before their ratification, the treaties 
and conventions concluded by the executive with other countries. 

10. To grant pensions and public honors for great services ren- 
dered to the nation. 

11. To authorize the executive to send forth such laws as, owing 
to their extent, can not be despatched by the legislative power, to 
which, however, a report thereon should be submitted in due time, 

12. To grant extraordinary faculties to the executiA^^e, when 
necessity or the interest of the Eepublic so demands, specifying in 
the decree what are the faculties granted. 

13. To approve or disapprove the acts done by the executive 
power in the exercise of the faculties granted to him. 

14. To appoint brigadier generals and generals of division upon 
nomination of the executive, accompanied for this purpose by the 
record of services of the nominee. 

15. To declare war and approve treaties of peace. 

16. To grant general amnesties and pardons when public utility 
may so demand. 

Art. 55. The following attributions also belong to the Assembly : 

1. To elect at the opening of the session its own president, vice- 
president and all the other functionaries who under the rules of the 
Assembly are necessary to complete its organization. 

2. To be the judge of the election of its own members and 
approve or disapprove their credentials. 

3. To accept or refuse to accept the resignations of its members, 
and order new elections to be held to fill the places vacant for this or 
any other reason. 

4. To make rules for its internal government. 

5. To compel the attendance of absent deputies and punish the 
offenses, by commission or omission, of those present. 

SECTION III. — ENACTMENT AND APPROVAL OF THE LAWS. 

Art. 56. Laws may be introduced in the Assembly on the proposal 
of some one of its members, through the initiative of the executive 
power or of the judicial power in matters of its competence. 

Art. 57. The Assembly, in order to exercise the attributions enu- 
merated in §§ 6 and 7 of Article 52 and § 4 of Article 55, shall 



GUATEAIALA. 287 

discuss, in three different meetings held on different days, the 
subject presented to it, and no A^ote shall be taken until said subject 
is held in the third meeting to have been sufficiently discussed. 

In all the other formalities of proceedings the regulations pre- 
scribed by the rules of the Assembly shall be observed. 

Art. 58. All bills passed by the Assembly shall be sent for ap- 
proval to the executive. 

Art. 59. The President shall approve the law passed by the Assem- 
bly and order it to be promulgated, but if he should find it unsuit- 
able, he shall upon the advice of the Council of Ministers, with- 
hold his approA'al and return it to the Assembly, within ten days, 
accompanied with the remarks that he may deem proper. The 
Assembly shall either reconsider the .bill at once, or, if the remarks 
made by the executive are not accepted, postpone its reconsideration 
until the session of the next year. In the latter case, if the Assem- 
bly ratifies the bill by a two-thirds vote, the executive shall be bound 
to approve and promulgate the laAV. 

Art. 60. If the executive does not return the bill within ten days 
to be counted from its despatch, it shall be considered approved and 
shall be promulgated as law. If the Assembly adjourns before the 
expiration of the ten days within which the return of the bill was 
possible, the executive must return it within the first eight days of 
the ordinary session of the following year. 

Art. 61. The acts of the Assembly relating to its internal govern- 
ment, to the qualification of elections and the resignation of those 
elected, to the permission to prosecute or impeach public officials as 
set forth in Articles 44 and 53, and all the other provisions of xirticles 
52 and 55 shall not require the approval of the executive. 

SECTION IV. THE PERMANENT COMMITTEE. 

Art. 62. Before closing its sessions the Assembly shall elect seven 
of its members to form the Permanent Committee, which shall at 
its first meeting designate its chairman. 

Art. 63. The Permanent Committed shall have during the recess 
of the Assembly the following attributions : 

1. To declare whether or not criminal proceedings may be insti- 
tuted against a member of the Assembly in the cases mentioned in 
Articles 44 and 53. 

2.\ To take up the unfinished business and put it in shape for 
proper consideration when the Assembly meets. 

3, To call an extra session of the Assembly when the exigencies 
of the circumstances so demand. 

The Permanent Committee shall meet at any time at the call of its 
chairman. 



288 CONSTITUTIONS or the states at wak. 

Title IV. — The Executive and its Attributions. 

SECTION I. organization OF THE EXECUTIVE. 

Art. 64. A citizen with the title of " President of the Eepublic " 
exercises the executive power, and shall be elected popuhirly and 
directly. 

Art. 65. To be elected President it is required : 

1. To be a native of Guatemala or of any other Republic of 
Central America. 

2. To be over 21 years of age. 

3. To be in the enjoyment of the rights of citizenship. 

4. To be of the secular estate.^ 

Art. 66. The term of office of the President shall be six years.*^ 

Art. 67. The President is responsible to the Assembly for his 
acts. 

Art. 68. The President of the Republic shall turn his office over 
to the person selected for that purpose by the Assembly, when he, 
with the permission of the latter, decides to absent himself from the 
territory of Central America. 

Art. 69. Two desigTiates (deslgnados), elected b}^ the Assembl}", 
shall fill, in the order of their election, the place of President of the 
Republic, in the cases set forth hj the Constitution. 

To be elected designado the same qualifications are required as to 
be elected President of the Republic. 

In case of absolute vacancy of the office of President of the 
Republic, the executive power shall be transmitted to the first desig- 
nado, and, in his default, to the second. In such a case, the designado, 
within eight days following the absolute vacancy, shall call for a 
presidential election, to be held within six months to be counted from 
the date of the call. The election having been held and the Assembly 
having made the declaration to which §2 of Article 52 refers, 
the citizen elected shall at once take possession of the office, and his 
presidential term shall be computed from the fifteenth of March 
following. 

Art. 70. The President of the Republic in taking possession of 
his office shall make the following solemn declaration: 

1 declare that I will fulfill with patriotism the office of President, and will 
ohserve and cause to be observed faithfully the Constitution of the Repiiblic. 

Art. 71. The President of the Republic shall have for the trans- 
action of business the number of secretaries provided by law. Their 
appointment and removal belongs to the President. 

^ That is, not to be an ecclesiastic. 

2 As amended by the legislative decree of 12 July 1903 which repealed the prohibition 
of consecutive reelection. 



GUATEMALA. 289 

Art. .72. To be a secretary of State it is required to be over 21 
years of age and of the secular estate, to be in the exercise of the 
rights of citizenship, and not to be a contractor of public works, nor 
to be personally interested in claims arising out of said contracts. 

Art. 73. The secretaries of State, in their respective departments, 
shall authorize the decisions of the President. 

All orders and other provisions of the executive power shall be 
signed and communicated by the secretary of the department to 
which they belong. 

Art. 74. The secretaries of State are jointly responsible with the 
President for all the acts of the latter authorized by them with their 
signatures. 

Art. 75. The secretaries of State shall, during the first days of 
the ordinary session of the Assembly, submit a detailed report on 
the condition of the business of their respective departments. 

Art. 76. The secretaries of State may attend the meetings of the 
Assembly and take part in the deliberations. They are bound to 
furnish all the information which may be asked of them and to 
answer to interpellations which may be directed to them upon admin- 
istration affairs, except in matters which have reference to diplomatic 
transactions or to pending militarj'^ operations. 

section II. — duties and attributions of the executive power. 

Art. 77. The duties and attributions of the executive power are: 

1. To defend the independence and honor of the nation and the 
inviolability of its territory. 

2. To observe and cause to be observed the Constitution and the 
other laws. 

3. To see to the prompt and complete administration of justice. 

4. To see to the preservation of public order. 

5. To render to the functionaries of the judicial power the assist- 
ance and force necessary to render their decisions effective. 

6. To direct public instruction, create teaching establishments 
and make rules for those supported by national funds. 

It has also the power to exercise supreme inspection over all the 
schools and other teaching establishments, even when not supported 
by national funds. 

7. To attend to the collection and management of the national 
revenue, and order it to be disbursed according to law. 

8. To appoint secretaries of State, accept their resignations, and 
separate them from the ser\dce. 

9. To appoint from among three nominees of the Supreme Court 
of Justice the judges of first instance. 



290 COlSrSTITUTIONS OF THE STATES AT WAR. 

10. To appoint functionaries of the administrative and military 
order; to transfer them from one place to another when advisable 
for the good of the service. 

11. To grant military grades up to and including that of colonel. 

12. To command the army, organize and distribute it as may be 
deemed advisable. 

13. To raise the force which may be necessary to repel foreign 
invasion or to prevent or put down domestic insurrections. 

14. To appoint ministers plenipotentiary, ministers resident, 
charges d'affaires and consuls for the service of the Kepublic in for- 
eign countries. 

15. To receive the ministers and other envoys of other nations 
and grant the exequatur to the patents of foreign consuls. 

16. To give passports to the ministers and other envoys of other 
nations and to withdraw the exequatur to the patents of consuls in 
the cases prescribed by international law. 

17. To issue the decrees and rules which may be necessary to 
facilitate and insure the execution of the laws in all branches of the 
administration. 

18. To suspend, with the ^dvice of the Council of Ministers^ the 
constitutional guarantees, when the public order so demands. 

19. To submit to the Assembly, for its approval, the treaties con- 
cluded by it. 

20. To call the Assembly to convene in extra session, when grave 
and urgent matters may so require. 

21. To approve the laws and promulgate such legislative acts as 
do not need executive approval. 

Art. 78. The President of the Eepublic shall have. power to com- 
mute the penalty which may be greater in the general scale of pun- 
ishment to the penalty immediately inferior thereto, to grant pardons 
for political offenses, and even for common ones, when public utility 
may so demand, or when the petitioner has rendered signal services 
to the nation. A law shall regulate the exercise of this power. 

SECTION III. THE COUNCIL OF STATE. 

Art. 79. The President of the Republic shall have a Council of 
State, consisting of the secretaries of State and nine councilors, five 
of whom shall be appointed by the Assembly and four by the Presi- 
dent of the Republic. 

Art. 80. The President of the Republic may appoint temporary 
councilors during the recess of the Assembly in order to fill the 
vacancies which may occur. 

Art. 81. To be chosen councilor it is required to be over 21 years 
of age and to be in the exercise of the rights of citizenship. 



GUATEMALA. 291 

Art. 82. The councilors shall continue in the exercise of their 
functions two years. 
Art. 83. The attributions of the Council are : 

1. To make rules for its internal government. 

2. To give its opinion to the President of the Eepublic in all the 
matters about which he may consult it. 

Art. 84. The councilors of State are responsible for the opinions 
given by them in opposition to the Constitution and the other laws. 

Title V. — The Judicial Power. 

Art. 85. The judicial power is exercised by the judges and tri- 
bunals of the Republic; to them belongs the exclusive power of 
applying the laws in civil and criminal cases. 

Art. 86. To be elected magistrate or public prosecutor it is neces- 
sary to be in the enjoyment of the rights of citizenship, to be over 21 
years of age, to be a lawyer and of the secular estate. 

Art. 87. The functionaries of the superior tribunals of justice and 
the judges of first instance shall continue four years in the exercise 
of their functions. 

Art. 88. The power to render judicial decisions, and to enforce 
them, belongs exclusively to the tribunals. 

Art. 89. The laws shall fix the manner and form according to 
which the trials shall be conducted. 

Art. 90. All the inhabitants of the Republic shall be subject to the 
course of proceedings established by law. 

Art. 91. No case shall have more than three instances, and the same 
judges shall not take cognizance of a case in different instances. 

Art. 92. The judges, whatever their rank or category may be, are. 
personally responsible for every violation of law committed by them, 
in accordance with the responsibility of the judicial power. 

Art. 93. The law constituting the judicial power shall establish 
everything else concerning the judicial power. 

Title VI. — The Government or the Departments and Munici- 
palities. 

Art. 94. The law divides the national territory into departments 
in order that the government thereof may be better administered. 

Art. 95. The President of the Republic shall appoint, for the 
goverimient of each department, a political chief whose qualifica- 
tions and attributions shall be fixed by law. 

Art. 96. The law shall organize the municipalities without chang- 
ing the principle of popular direct election and shall describe the 
powers belonging to them. 



"292 CONSTITUTIONS or the states at wak. 

Art. 97. The municipalities shall establish, with the approval of 
the government, the means which they judge necessary to meet the 
object of their institution. 

Art. 98. The government may, when it deems advisable, or at 
the request of the municipalities, reform the ordinances of each town 
and make ordinances for the towns which have none. 

Title VII. — Reform or the Constitution. 

Art. 99. — The Assembly, by a two-thirds vote, shall have power 
to order the reform of the Constitution, indicating the article or 
articles which have to be changed. 

Art. 100. The resolution to amend having passed, the executive 
power shall call a Constituent Assembly, which should meet within 
the three months following. The resolution mentioned in the preced- 
ing article shall be inserted in the call. 

Art. 101. The Assembly shall consist of a delegate for each 15,000 
inhabitants, and these delegates shall have the same qualifications 
as are required to be elected cleputj^ 

Art. 102. The ordinary Assembly, as soon as the resolution to 
reform the Constitution is passed, shall adjourn sine die. 

Art. 103. The reform having been made, a call shall be issued 
for the election of deputies for the ordinary legislature. 

Art. 104. The present Constitution shall not lose its force and 
vigor, even when its observance is interrupted by a rebellion. 

Art. 105. The amendments made to the Constitution on 23 Octo- 
ber 1885 are null and void. 

TRANSITORY PROVISIONS.^ 

Article 1. The present amendments to the Constitutional Law 
shall begin to be in force from the date of their promulgation, when 
the suspension of the constitutional regime shall also cease. 

Art. 2. The power is hereby granted the executive to exercise the 
attributions set forth in Article 8 of the present law (except those 
mentioned in §§ 4, 9 and 13) until the day on which the Legis- 
lative Assembly meets, to which an account shall be given of the 
acts committed in the exercise of such attributions. 

Art. 3. The provisions of Article 5 of the Constitution shall not 
prevent the conclusion of the treaties which may now be pending 
and which were negotiated under the rule of the amendments made 
in October, 1885. 

Art. 4. The suspension of the constitutional regime decreed on 
26 June of the present year shall not interrupt the presidential term 
of General Don Manuel Lisandro Barrillas, who, in compliance 

1 The Constitution of 1879 was reenacted on 5 November 1887 and these transitory pro- 
visions were added. See above, p. 279, notes 2 and 3. 



GUATEMALA. 293 

with the provisions of these amendments, shall, therefore, complete 
his term of office on 15 March 1892. 

Art. 5. The executive is hereby given authority to call for a popu- 
lar election of deputies to the Legislative Assembly, and of presi- 
dent, magistrates and public prosecutors of the courts of justice, 
for the constitutional period beginning on 15 March 1888, with the 
power to issue for this purpose the proper electoral laws. 

Art. 6. The Constitutional Assembly, before closing its sessions, 
shall appoint two persons, who shall exercise the functions of 
deslgnados until the next legislature, in use of the power vested in it 
by § 4 of Article 7 of the present decree, elects those who shall fill the 
position. 



HAITI. 

From 1790 to 1804 the French colony of Santo Domingo was 
blood stained by almost continual disturbances, in the midst of which 
Tonssaint L'Ouverture published the Constitution of 9 May 1801. 
Gen. Dessa lines proclaimed the independence of the island 1 Janu- 
ary 1804, and took the title of Emperor under the name of Jacques 
the P^irst. The new State again took the historic name of Haiti. 
After the murder of Dessalines (17 October 1806), civil wars ensued, 
and two States were established under Christophe and Petion, re- 
spectively king of the northern provinces and president of the rest 
of the island. Upon the death of the former (1820), President Boyer 
effected the union of the two States and governed in a personal and 
authoritative manner until the revolution which overthrew him in 
1843. The consequence of this revolution was the final separation 
of the eastern and Spanish part of the island, which took the name 
of Dominican Republic. Civil wars went on from 1842 to 1847, 
when Gen. Soulouque reestablished the empire for nine years. After 
his overthrow Getfrard restored the republic, but the empire re- 
turned Avith his successor, Salnave, who, however, was executed three 
years later. Since this period the Constitution of the Republic of 
Haiti has been renewed several times, first on 6 August 1874,^ and 
finally, after continually recurring disturbances, on 9 October 1889.^ 
The latter remained in force until the passage of the Constitution 
which follows.^ 



CONSTITUTION OF 12 JUNE 1918.* 
Title I. — The Territory of the Republic.^ 

Article 1. The Republic of Haiti is one and indivisible, free, sov- 
ereign and independent. 

1 French text and English translation in parallel columns in J. I. Rodriguez, American 
Constitutions (Washington, 1906), vol. ii, pp. 52-88. Spanish translation in Rodriguez, 
op. oit., pp. 89-108. French text also in the British and Foreign State Papers, 81 : 
pp. 64-87. 

2 French text in the British and Foreign State Papers, 65 : pp. 1260-1280. 

3 This introductory paragraph is based upon F. R. Dareste et P. Dareste, Les Consti- 
tutions modcrnea (3d edition, Paris, 1910), vol. ii, pp. 568-570, and Rodriguez, op. cit., 
pp. 49-51. 

* Translation by Herbert F. Wright from the French text in Le Moniteur, Journal 
offtciel de la Republique d'Ha'iti (Port-au-Prince), of 19 June 1918. 

^ Preceding this title in the oflScial text appear the words, " Chapter First," which 
seem to have been inserted through error. 

295 



296 coNSTiTUTioisrs of the states at war. 

Its territory, including tlie islands adjacent thereto, is inviolable 
and shall not be alienated through any treaty or through any con- 
vention. 

Art. 2. The territory of the Kepublic is divided into departments; 
each department is subdivided into districts (arrondissements) ; and 
each district into communes. 

The number and the limits of these subdivisions shall be deter- 
mined by law. 

Title II. — Haitians and Their Rights. 

SECTION I. CIVIIi AND POLITICAL RIGHTS. 

Art. 3. The rules governing nationality shall be determined by 
law. 

Art. 4. All foreigners who find themselves on Haitian territory 
shall enjoy the same protection as that extended to Haitians. 

Art. 5. The right to own real estate shall be given to foreigners 
residing in Haiti and to the societies organized by foreigners for 
purposes of residence, and agricultural, commercial, industrial or 
educational enterprises. 

This right shall cease after a period of five years from the date 
when the foreigner shall have ceased to reside in the country or the 
activities of said companies shall have ceased. 

Art. 6. Every Haitian citizen over 21 years of age shall be enti- 
tled to exercise political rights, if he has the other qualifications 
required by the Constitution and by law. Foreigners may acquire the 
Haitian nationality by following the rules established by law. 
Naturalized Haitians shall be admitted to the exercise of political 
rights only after five years of residence in the territory of the 
Republic. 

Art. 7. The exercise of political rights shall be suspended by virtue 
of a judicial condemnation which must have taken place in accord- 
ance with the laws of Haiti, carrying with it the suspension of civil 
rights. 

SECTION II. — PUBLIC LAW. 

Art. 8. Haitians are equal before the law. They shall be equally 
admissible to civil and military employments, without any reason 
for preference other than personal merit or services rendered to the 
country. 

Art. 9. Individual liberty is guaranteed. 

No one shall be detained except upon probable cause relating to an 
act punishable by law and upon the order of a legally competent 
functionary. For this warrant of arrest to be executed, it shall be 
necessary : 



HAITI. 297 

1. That it state the cause of the arrest and the provision of the 
law which punishes the imputed act. 

2. That notice, together with a copy of the warrant, be given to 
the accused party at the moment of the arrest. 

Except in case of fac/rante delicto^ the arrest shall be executed 
subject to the forms and conditions above stated. 

All arrests and all detentions made in opposition to this j)r()vision, 
and all acts of violence or severity accompanying the arrest are arbi- 
trar}'^ acts, against which the aggrieved parties may, without pre- 
vious authorization, complain before the competent tribunals, and 
cause the authors or the executors to be prosecuted. 

AuT. 10. No one shall be tried by other judges than those assigned 
to him by the Constitution or the law. 

Art. 11. Domiciliary visit and seizure of papers shall not be made 
except by A'irtue of the law and in the forms provided by it. 

Art. 12. No law shall have a retroactive effect. 

Art. 13. No penalty shall be established except by law, nor shall 
any penalty be imposed except in the cases which the law shall 
determine. 

Art. 14. The right of property is guaranteed. 

No one shall be deprived of his property except by reason of 
public utility, and in the cases and in the manner established by law, 
and upon previous payment of a just indemnit3\ Property shall not 
be confiscated for political reasons. 

Art. 15. The penalty of death for political offenses is abolished 
except for the case of treason. 

The law shall determine the penalty to be imposed in lieu thereof. 

Art. 16. Every one has the right to express his opinions on all 
matters and to write, print and publish what he thinks. Writings 
.shall not be submitted to previous censorship. Abuses of this right 
shall be defined and punished by law, ^dthout thereby abridging in 
any wa}^ whatever the freedom of the press. 

Art. 17. All forms of worship are equally free. 

Every one has the right to profess his religion and freely perform 
his worship, provided he does not disturb the piiblic order. 

Art, 18. Teaching is free. 

Freedom of teaching shall be exercised under the control and the 
supervision of the State in accordance with the law. 

Primary instruction shall be compulsory. Public instruction shall 
be gratuitous in all its grades. 

Abt. 19. Trial by jury is established in all criminal cases and also 
for political offenses and offenses committed through the press. 

Art. 20. Haitians have tlie right to assemble peaceably and withouc 
arms for discussing any matter, provided they comply with the laws 
88381—19 20 



298 CONSTITUTIOlSrS OF THE STATES AT WAE. 

regulating: the exercise of this right, but no previous authorization 
shall be required for this purpose. 

This provision shall not be applicable to meetings in public places 
>vhich shall remain subject in all respects to the police regulations. 

Art. 21. Haitians have the right to join and form societies in 
accordance with the law. 

- Art. 22. The right of petition shall be personally exercised by one 
or several individuals, never in the name of a body. 

Petitions shall be addressed to the legislative power or to the 
executive power. 

Art. 23. The secrecy of private correspondence entrusted to the 
mail is inviolable. 

The law shall determine who shall be responsible for this violation. 

Art. 24. French is the official language. Its employment shall be 
obligatory in administrative and judicial matters. 

Art. 25. No previous authorization shall be required to prosecute 
public officials for acts done during their administration, except in 
those cases established by the Constitution. 

Art. 26. Nothing shall be added to or taken away from the Con- 
stitution by means of law. The letter of the Constitution shall 
always prevail. 

Title III. — The Sovereignty and the Powers to Which the Exer- 
cise Thereof Is Delegated. 

Art. 27. The national sovereignty resides in the citizens taken as 
a whole. 

Art. 28. The exercise of this sovereignty shall be delegated to 
three powers: the legislative power, the executive power and the 
judicial power. 

They shall form the government of the Republic, which is essen- 
tially civil, democratic and representative. 

Art. 29. Each power shall be independent of the other two in its 
attributions which it exercises separately. 

None of them shall delegate its faculties, nor go beyond the limits 
prescribed for it. 

Art. 30. Individual responsibility shall be formally attached to ail 
public functions. 

The law shall govern the procedure to be followed against public 
officials for acts done during their administration. 

CHAPTER I. 

SECTION I. THE LEGISLATIVE POWER. 

Art. 31. The legislative power shall be exercised by two assem- 
blies: one Chamber of Deputies and one Senate, which shall form 
the legislative body. 



HAITI. 299 

Art. 32. The number of deputies shall be fixed according to the 
population, on the basis of one deputy for every 60,000 inhabitants. 

While the census of the population is being made, the number of 
deputies is fixed at 36, apportioned between the arrondissements 
actually existing, to wit: 3 deputies for the Arrondissement of Port- 
au-Prince; 2 each for the Arrondissements of Cap-Haitien, Cayes, 
Port-de-Paix, Gonaives, Jeremie, Saint-Marc and Jacmel; and 1 
deputy each for the other arrondissements. The deputy shall be 
elected by a majority of the votes cast by the primary assemblies 
of the district in conformity with the manner and the conditions 
provided by law. 

Art. 33. To be a member of the Chamber of Deputies, it shall be 
necessary : 

1. To be over 25 years of age. 

2. To be in the enjoyment of civil and political rights. 

3. To have resided at least one year in the arrondissement to be 
represented. 

Art. 34. The members of the Chamber of Deputies shall be elected 
for two years, and may be reelected indefinitely. They shall begin 
to discharge their office the first Monday of April of even numbered 
3^ears. 

Art. 35. In case of vacancy by reason of death, resignation, dis- 
qualification of a deputy, or for any other cause, provision shall be 
made for a successor in his electoral district, only for the remainder 
of his term, by a special election called immediately by the President 
of the Republic. 

This election shall take place within a period of 30 days after the 
convocation of the primar}^ assembh', in accordance with Article 107 
of the present Constitution. 

The same procedure shall take place in case of non-election in one 
or several districts. 

SECTION ir. — THE SENATE. 

Art. 36. The Senate shall consist of 15 Senators. 
Their functions shall last six years and shall begin the first Mon- 
day of April of even numbered years. 
They may be reelected indefinitely. 

Art. 37. The Senators represent the departments, which are five 
in number, to wit : 

4 senators for the Department of the West. 

'S each for the Departments of the North, South and the Artibo- 
nite. 

2 for the Department of the North West. 



300 CONSTITUTIOK"S OF THE STATES AT WAR. 

Senators shall be elected by universal and direct suffrage in the 
primary assemblies of the several departments in accordance with 
the manner and the conditions prescribed by law. 

Those candidates shall be elected who shall have obtained the high- 
est nvimber of votes in the departments. 

In the first election after the adoption of the present Constitution, 
these elections shall take place in the following manner : 

In each department the candidate who shall have obtained the 
highest number of votes shall be elected senator for this department 
for a period of six years ; the candidate who shall have obtained the 
next highest number of votes shall be elected for a period of four 
years. 

In each of the Departments of the North, of the South and of 
the Artibonite, the candidate who shall have obtained the third high- 
est number of votes, and, in the Department of the West, the can- 
didates who shall have obtained the third and fourth highest number 
of votes, shall be elected for a period of two years. 

In the following and in the regular elections, the candidates who 
shall have obtained the highest number of votes in the several depart- 
ments shall be elected for the entire period of six years. 

The Senate shall be renewed by thirds every two years. 

Art. 38. To be elected senator, it shall be necessary : 
To be over 30 years of age. 

To be in the enjoyment of civil and political rights. 
To have resided at least two years in the department to be 
represented. 

Art. 39. In case of vacancy by reason of death, resignation, dis- 
qualification of a senator, or any other cause, provision shall be 
made for a successor in his department only for the remainder of his 
term, by a special election called immediately by the President of 
the Republic. 

This election shall take place within a period of 30 days after 
the convocation of the primary assembly, in accordance with Article 
107 of the present Constitution. 

The same procedure shall take place in case of non-election in one 
or several departments. 

SECTION III. — -THE NATIONAL ASSEMBLY. 

Art. 40. The two houses shall meet in National Assembly, in the 
cases provided for by the Constitution. 

The powers of the National Assembly shall be limited and shall 
not be extended to any other purposes than those which are specially 
assigned to it by the Constitution. 

Art. 41. The president of the Senate shall preside over the Na- 
tional Assembly, the president of the Chamber of Commons shall be 



HAITI. 301 

the vice-president of it, and the secretaries of the Senate and of the 
Chamber of Commons shall be the secretaries of |the National 
Assembly. 

Art. 42. The attributions of the National Assembly shall be : 

1. To elect the President of the Republic and to administer to 
him the constitutional oath. 

2. To declare war, upon the report of the executive power. 

3. To approve or to reject treaties of peace and other inter- 
national treaties and conventions. 

Art. 43. In the years of regular presidential elections, the National 
Assembly shall proceed to the election of the President of the Re- 
public on the second Monday in April and shall not undertake any 
other work, remaining in permanent session except on Sundays and 
holidays, until the President shall have been elected. 

Art. 44. The election of the President of the Republic shall be 
made by secret ballot and by an absolute majority. 

If. after the first ballot, no candidate has secured the number of 
votes required for his election, a second ballot shall be taken. If on 
this second ballot no candidate is elected, the election shall be con- 
centrated on the three candidates who have obtained the highest 
number of votes. If after three ballots none of the three has been 
elected, the balloting shall be between the two who have received the 
greatest number of votes, and the one who secures the majority of 
votes cast shall be proclaimed President of the Republic. 

If the votes of the two candidates are equally divided, the election 
shall be decided by lot. 

Art. 45. In case of vacancy of the office of President, the National 
Assembly must convene within ten days, with or without convocation 
of the Council of the Secretaries of the State. 

Art. 46. The meetings of the National Assembly shall be public. 
Nevertheless, it may resolve itself into a secret committee at the re- 
quest of five members and decide thereafter by an absolute majority 
whether or not the meeting should continue to be held in public. 

Art. 47. In case of urgency at a time when the legislative body is 
not in session, the executive power may convene the National Assem- 
bly in extra session. 

He shall communicate to the National Assembly, through a written 
message, the reasons for this convocation. 

Art. 48. The presence in the National Assembly of a majority of 
each of the two houses is necessary to pass its resolutions; but a 
minority may adjourn from day to day in order to compel the absent 
members to attend the meeting, according to the manner and under 
the penalties which the National Assembly may prescribe. 



302 CONSTITUTIONS OF THE STATES AT WAR. 

CHAPTER II. 

SECTION I. — THE EXERCISE OF THE LEGISLATIVE POWEE. 

Art. 49. The seat of the legislative body shall be in the capital 
of the Republic. 

Art. 50. The legislative body shall meet each year, without need 
of express convocation, on the first Monday of April. 

The session shall begin from the date when the bureaux ^ of the two 
houses are established. 

The session shall last three months. In case of necessity, this 
period may be extended to four months by the executive power or by 
the legislative body. 

The President of the Republic may adjourn the houses. But the 
adjournment shall not last over one month, and more than two 
adjournments shall not take place during the course of the same 
session. 

Art. 51. In the interval between sessions, and in case of urgency, 
the President of the Republic shall call the legislative body to meet 
in extra session. 

He shall explain to them, by means of a message, the reason for 
this measure. 

In the case of being called to meet in extra session, the legislative 
body shall not take up any other matters foreign to those for which 
it has been convened. 

Art. 52. Each house shall be the judge of the election of its mem- 
bers and shall decide absolutely the contests which may arise on the 
subject. 

Art. 53. The members of each house shall individually take the 
oath to maintain the rights of the people and to be faithful to the 
Constitution. 

4-J?T. 54. The meetings of the two houses shall be public. 

Each house may resolve itself into a secret committee at the 
request of five members and decide thereafter by an absolute ma- 
jority whether or not the meeting should continue to be held in 
public in regard to the same subject. 

Art. 55. The legislative power shall make the laws on all subjects 
of public interest. 

The initiative [of the legislation] shall belong to each one of the 
two houses as well as to the executive power. 

Nevertheless, the budgetary law, the law concerning the assess- 
ment, distribution and manner of collection of taxes and contribu- 
tions, the laws having for their object the creation of revenue or 
increase of the expenses of the State shall be first voted by the 
Chamber of Deputies. 

^ That is, the oflacers and clerks necessary for the conduct of business. 



HAITI. 30S 

In case of disjigreement between the two houses in regard to these 
laws, each house shall draw by lot an equal number of members to 
form an interjiarliamentary commission which shall decide the dis- 
agreement with finality. 

The executive power has the exclusive right to take the initiative 
with laws regarding the public expenses; and neither of the two 
houses has the right to increase in whole or in part the expenses 
proposed by the executive power, 

AnT. 5(). Each house, by its own rules, shall establish its discipline 
and determine the method under wiiich it shall exercise its attribu- 
tions. 

Each house may impose disciplinary penalties upon its members 
for reprehensible conduct and may expel a member by the vote of a 
majority of two thirds of its members. 

Art. 57. The members of the legislative body, except in case of 
fagrante delicto^ of treason or acts entailing a corporal or ignomin- 
ious punishment, shall not be prosecuted or arrested by way of re- 
pression during the length of the session Avithout the authorization 
of the house to which they belong. 

In no case shall they be arrested while they are attending a meet- 
ing of their house or while they are on their way to and from it. 

Art. 58. Neither of the two houses shall adopt anj^ resolutions with- 
out the presence of an absolute majority of its members; hoAvever, 
a lesser number of members may adjourn from day to day and com- 
pel the absent members to attend the meeting according to the 
manner and under the penalties which each house may prescribe. 

Art. 59. No act of the legislative body shall be passed except by 
a number of votes equal to or greater than the majority of the mem- 
bers present, except when otherwise provided for by the present 
Constitution. 

Art. 60. No bill shall be adopted by either of the tAvo houses 
without having been voted article by article. 

-•"^RT. 61. Each house shall have the right to amend and revise the 
articles and amendments proposed. The amendments voted by one 
house shall not be made a part of a bill until they have been voted 
on by the other house; and no bill shall be enacted into law until 
after it has been voted on in the same form by the two houses. Any 
bill may be withdrawn before said bill is definitiveh^ voted upon. 

Art. 62. Every law passed by the legislative body shall be 
immediately sent to the President of the Republic, who. before pro- 
mulgating it, has the right to make objections thereto, in whole or 
in part. 

In this case he shall return the law to the house in Avhich it origi- 
nated, together with his objections. If the law is amended by this 
house, it shall be sent to the other house, together Avith the objections. 



304 CONSTITUTIONS OF THE STATES AT WAE. 

If the law thus amended is passed by the second house, it shall be 
sent again to the President to be promulgated. 

If the objections are rejected by the house which originally passed 
the bill, it shall be sent to the other house, together with the objec- 
tions. 

If the second house likewise votes to reject these objections, the 
law shall be sent to the President, who shall then be obliged to pro- 
mulgate it. 

The rejection of the objections shall be voted in both houses by 
a majority of two thirds of each house; in this case the vote of 
each house shall be by yeas and nays and shall be noted clown in 
the margin of the minutes beside the name of each member of the 
Assembly. 

If two thirds of either house shall not meet to consider the rejec- 
tion of the objections, said objections shall be accepted. 

Art. 6r3. The right to object should be exercised within eight days 
from the elate of the presentation of the law to the President, exclu- 
sive of Sundays and days of adjournment of the legislative body, 
in accordance with Article 50 of the present Constitution. 

Art. 64. If, within the period prescribed by the preceding article, 
the President of the Republic does not make any objection, the law 
shall be promulgated, unless the session of the legislative body shall 
have closed before the expiration of that period. In this case the law 
shall be held in abeyance. 

Art. 65. A bill rejected by one of the two houses shall not be re- 
introduced during the same session. 

Art. 66. The laws and other acts of the legislative body shall 
become official through the Moniteur and shail be inserted in the 
bulletin printed and numbered under the title, Bulletin des Lois. 

Art. 67. The law shall take its date from the day of its definitive 
adoption by the tw^o houses ; but no laws shall become obligatory until 
after their promulgation, which is to be made according to law. 

Art. 68. No one shall personally present petitions to the legislative 
body. 

Art. 69. Each member of the legislative body shall receive a 
monthly indemnity of one hundred and fifty dollars, beginning from 
his taking of the oath. 

Art. 70. The office of member of the legislative body is incom- 
patible with any other office under the pay of the State. 

CHAPTER III. THE EXECUTIVE POWER. 

SECTION I. THE PEESIDENT OF THE REPXTBLIC. ; 

Art. 71. The executive power shall be exercised by a citizen whfb 
shall take the title of President of the Eepublic. 



HAITI. 305 

Art. 72. The President of the Republic shall be elected for four 
years. 

He shall enter upon his duties on 15 May, except when he has 
been elected to fill a vacancy ; in this case he shall be elected for the 
remainder of the term and he shall enter upon his duties imme- 
diately after his election. 

The President shall be eligible for immediate reelection. A Presi- 
dent who has been .reelected shall not be elected for a third term 
unless after the expiration of a period of four years. 

A citizen who has been elected President three times shall not be 
eligible for that office. 

Art. 73. To be elected President of the Republic, it shall be neces- 
sary : 

1. To have been born of a Haitian father and never to have re- 
nounced his nationality. 

2. To be over 40 years of age. 

3. To be in the enjoyment of civil and political rights. 

Art. 74. The President shall, before entering upon his duties, 
take before the National Assembly the following oath: 

I swear before God and before the nation to observe and cause to be 
observed faithfully the Constitution and the laws of the Haitian people, to 
respect the rights of the latter, to maintain the national independence and the 
integrity of the territory. 

Art. 75. The President of the Republic shall appoint and remove 
the secretaries of State. 

-^He shall be charged with seeing to the execution of the treaties of 
the Republic. 

He shall seal the laws with the seal of the Republic and shall pro- 
mulgate them within the time prescribed by Articles 62, 63 and 64. 

He shall be charged with the enforcing of the Constitution and 
the laws, acts and decrees of the legislative body and of the National 
Assembly. 

He shall issue all the regulations and decrees necessary for this 
purpose, without, however, the power to suspend or interpret the 
laws, acts and decrees themselves or to interfere with their enforce- 
ment. 

He shall make appointments to public offices and positions, only 
by virtue of the Constitution or of some express provision of a law 
and under the conditions therein prescribed. 

He shall provide according to law for the internal and external 
safety of the State. 

He shall make all international treaties or conventions, subject 
to the approval of the National Assembly. 

He shall have the right to grant pardons and commutation of 
punishment imposed by final judgments rendered in actual trial, 



306 CONSTITUTIONS OF THE STATES AT WAK. 

except in cases of impeachment by the courts or by the Chamber of 
Deputies, as is provided in Articles 100 and 101 of the present Con- 
stitution. 

He shall grant amnesty in political matters according to the pro- 
visions of the law. 

He shall command and direct the armed forces of the Republic 
and shall confer the grades according to the lav^. 

He shall have power to demand a written report from the chief 
official of each of the ministerial departments on any subject relating 
to the conduct of their respective departments. 

Art. 76. If the President shall become temporarily unable to exer- 
cise his functions, the Council of the Secretaries of State shall be 
charged with the executive authority so long as the disability exists. 

Art. 77. In case of vacancy of the office of President, the Council 
of the Secretaries of State shall be vested temporarily with the 
executive power. 

It shall immediately convene the National Assembly for the elec- 
tion of a successor for the remainder of the presidential term. 

If the legislative body is in session, the National Assembly shall 
be convened without delay. If the legislative body is not in session, 
the National Assembly shall be called in accordance with Article 45. 

Art. 78. All the acts of the President, except the decrees appoint- 
ing or removing from office the secretaries of State, shall be counter- 
signed by the secretary of State in charge of the matter concerned. 

Art. 79. The President shall have no other powers than those 
formally attributed him by the Constitution and the special laws 
enacted by virtue of the Constitution. 

Art. 80. At the opening of each session the President, by means 
of a message, shall render to each of the two houses separately an 
account of his administration during the year and shall present the 
general situation of the Republic both at home and abroad. 

Art. 81. The President of the Republic shall receive from the 
public treasury an annual indemnity of twenty-four thousand dol- 
lars. 

Art. 82. The President shall reside in the National Palace of the 
capital. 

SECTION II. THE SECRETARIES OF STATE. 

Art. 83. The secretaries of State shall be five in number. They 
shall be distributed among the different ministerial departments as 
the services of the State may require. 

A decree shall determine this distribution in accordance with 
the law. 

Art. 84. To be appointed secretary of State, it shall be necessary : 

1. To be over 30 years of age. 

2. To be in the enjoyment of civil and political rights. 



HAITI. 307 

Art. 85. The secretaries of State shall meet in Council under the 
presidency of the President of the Eepublic or of any one of them 
delegated by the President. 

All deliberations of the Council shall be recorded in a book; and 
the minutes of each session shall be signed by the members of the 
Council present thereat. 

Art. 8G. The secretaries of State shall have the right to the 
floor of each of the two houses as well as to that of the National 
Assembly, but only to discuss the bills proposed by the executive 
power and to support its objections or to make any other official 
communication. 

/Art. 87. The secretaries of State shall be responsible, each in that 
which concerns him, both for the acts of their department and for 
the non-execution of laws relating thereto. 

They shall correspond directly with the authorities subordinate 
to them. 

Art. 88. Each secretary of State shall receive from the public 
treasury an annual indemnity of six thousand dollars. 

CHAPTER 111 [his]. THE JUDICIAL POWEE.^ 

Art. 89. The judicial power shall be exercised by a Court of Cas- 
sation and by inferior courts, the formation and jurisdiction of which 
shall be established by law. 

Art. 90. The judges of all the courts shall be appointed by the 
President of the Republic. 

He shall appoint and remove the officials of the public ministry 
at the Court of CaSvSation and the other courts, justices of the peace 
and their substitutes. 

Art. 91. No one shall be appointed judge or officer of the public 
ministry who is not over 30 years of age, for the Court of Cassa- 
tion, or over 25 years, for the other courts. 

Art. 92. The Court of Cassation shall take no cognizance of the 
subject-matter of cases. Nevertheless, in all matters, except such as 
have been passed upon by jury, when the same case shall be presented 
again by the same parties upon an appeal, even upon an exception, 
the Court of Cassation, admitting the appeal, shall not remand the 
case, but shall pass a decision upon the subject matter, in full bench. 

Art. 93. The judges of the Court of Cassation, the judges of the 
courts of appeal and of first instance shall enjoy irremovability. 

The law shall regulate the conditions upon which they shall cease 
to enjoy the privilege of irremovability and the manner of their 
retirement on account of age or any other disability or by reason of 
the suppression of the court. 

1 This repetition in the numbering of the chapters is obviously a typographical error. 



308 CONSTITUTIONS OF THE STATES AT WAR. 

They shall not be transferred from one court to another or en- 
trusted with other functions, even if superior, without their formal 
consent. 

Art. 94. Judicial functions are incompatible with all other salaried 
public functions. 

Incompatibility resulting from relationship or marriage shall be 
regulated by law. 

The law shall also regulate the conditions required to be a judge 
of any rank. 

Art. 95. Commercial litigation shall be submitted to the courts 
of the first instance and the justices of the peace, in accordance with 
the Code of Commerce. 

Art. 96. The sittings of the courts shall be public, unless it is 
deemed that publicity is detrimental to public order or good morals ; 
in this case a declaration to that effect shall be made by the court. 

The hearing in cases of political offenses or of offenses committed 
through the press shall never be secret. 

Art. 97. Every decree or decision shall state the grounds upon 
which it is rendered ; it shall be rendered in open court. 

Art. 98. The Court of Cassation shall take cognizance and pro- 
nounce upon conflicts of attributions in the manner established by 
law. 

It shall be competent in all cases decided by a court martial and 
brought before it on the ground of lack of competence or excess of 
jurisdiction of that court. 

Art. 99. The Court of Cassation, in full bench, shall decide upon 
the constitutionality of the laws. 

The courts should refuse to apply all those laws which have been 
declared unconstitutional by the Court of Cassation. 

They shall not apply the decrees and regulations of the adminis- 
tration which are not in accordance with the law. 

CHAPTER IV. THE PROSECUTION AGAINST THE MEMBERS OF THE STATE 

POWERS. 

Art. 100. The Chamber of Deputies has the right to impeach the 
President and indict him before the Senate for high treason or any 
other crime or offense committed by him in the exercise of his 
functions. 

It may also impeach : 

1. The secretaries of State in case of malversation, treason, 
abuse or excess of their powers or any other crime or offense com- 
mitted in the exercise of their functions. 

2. The members of the Court of Cassation, of one of its sections, 
or of any officer of the public ministry connected v.dth the Court of 
Cassation, in case of prevarication. 



HAITI. 309 

The impeachment shall not bo pronounced except by a majority of 
two thirds of the members of the Chamber. By virtue thereof, the 
Chamber indicts the accused before the Senate sitting as a High 
Court of Justice. xVt the openmg of the hearing each member of 
the High Court of Justice shallCtake' oath to judge with impartiality 
and firmness proper to an honest and free man, following his 
conscience and his intimate conviction. 

When the President of the Republic is on trial, the president of 
the Court of Cassation shall preside. 

The High Court of Justice shall not impose any other penalty than 
deposition, dismissal and deprivation of the right to exercise any 
public function for not less than one year nor more than five years ,-^ 
but the guilty party may be indicted before the ordinary courts in 
accordance with the laAV, if there is reason for imposing other penal- 
ties or deciding upon the institution of civil proceedings. 

No one shall be tried or sentenced except by a majority of two 
thirds of the members of the Senate. 

The time fixed for the duration of the session of the legislative 
body in Article 50 of the present Constitution shall not serve to put 
an end to the prosecution, when the Senate is sitting as a High Court 
of Justice. 

Art. 101. In case of prevarication, any judge or official of the 
public ministry shall be impeached by one of the sections of the 
Court of Cassation. 

In case of a whole court, the impeachment shall be pronounced by 
the Court of Cassation, in full bench. 

Art. 102. The law shall regulate the mode of procedure against 
the President of the Republic, the secretaries of State and the judges 
in the case of crimes or offenses committed by them either in the 
exercise of their functions or outside thereof. 

CHAPTER IV. COMMUNAL INSTITUTIONS. 

Art. 103. There shall be one council for each commune. 

The president of the communal council has the title of communal 
magistrate. 

This institution shall be regulated by hnv. 

The law^ shall determine in the communes or in the arrondisements 
the civil officials who shall represent directly the executive power. 

Art. 104. The following principles must form the bases of the 
communal institutions: 

1. The election by the primary assemblies of the communal coun- 
cils every two years. 

2. The attribution to the communal councils of all that may be 
of interest to the commune, subject, however, to subsequent ap- 



310 CONSTITUTIOlSrS OF THE STATES AT WAE. 

proval of their acts in the cases and in the manner determined by 
law, 

3. The publicity of the meetings of the councils within the limits 
established by law. 

4. The publicity of budgets and accounts. 

5. The. intervention of the executive power to prevent the coun- 
cils from going beyond their attributions and doing injury to the 
general interests. 

Art. 105. The communal magistrates shall be paid by their com- 
mune. 

Art. 106. The communal council shall not spend every month more 
than one twelfth of the total amount voted for its budget. 

CHAPTER V. PRIMARY ASSEMBLIES. 

Art. 107. The primary assemblies shall meet without previous 
convocation in their respective communes on 10 January of each 
even-numbered year in the manner and form established by law. 

They shall have for their object the election, at the times fixed by 
the Constitution, of the deputies of the people, the senators of the 
Eepublic, the communal councilors, and to decide on the amendments 
proposed to the Constitution. 

They shall not take cognizance of any other matters than those at- 
tributed to them by the present Constitution. 

They are bound to adjourn sine die as soon as this object is ac- 
complished. 

Art. 108. The law establishes the conditions required to exercise 
the right of suffrage in the primary assemblies. 

Title IV. — Finances. 

Art. 109. The imposts for the benefit of the State and of the 
communes shall only be established by a law. 

No charge shall be levied on the communes except upon the formal 
consent thereof. 

Art. 110. The laws establishing the imposts shall be enforced only 
for one year. 

Art. 111. No distinction in regard to imposts shall ever be made. 
No exemption, no increase or decrease of imposts shall be made 
except by a law. 

Art. 112. No pension, gratuity, subvention or subsidy of any kind, 
to be paid by the public treasury, shall be granted except by virtue 
of a law proposed by the executive power. 

Art. 113. The simultaneous holding of offices under the pay of the 
State is formally prohibited, except positions in secondary or higher 
education. 



HAITI. 311 

Art. 114. The budget submitted by each secretary of State shall be 
divided into chapters and must be voted by articles. 

The shifting of appropriations is forbidden. 

The Secretary of State for Finance shall be bound, on his personal 
responsibility, not to disburse each month, for the benefit of each 
ministerial department, more than one twelfth of the amount appro- 
priated in its own budget ; an exception may be made for extraordi- 
nary cases by decision of the Council of the Secretaries of State. 

The general accounts of the receipts and expenditures of the Re- 
public shall be kept by the Secretary of State for Finance under the 
system of accounting to be established by law. 

The fiscal year begins on 1 October and ends on 30 September of 
the following year. 

Art. 115. Every year the legislative body shall settle: 

1. The accounts of receipts and expenditures for the preceding 
year or years. 

2. The general budget of the State containing the rough estimate 
and the portion of the funds assigned annually to each secretary of 
State. But no resolution or amendment shall be introduced with the 
budget foi- the purpose of reducing or increasing the salaries of 
public officials. 

All changes of this nature shall only be effected b}' an amendment 
of the law. 

Art. 116. The general accounts and the budgets provided for in 
the preceding article should be submitted to the legislative body by 
the Secretary of State for Finance at the latest within eight days of 
the opening of the legislative session. 

The examination and the liquidation of the accounts of the general 
administration and of all accounts against the public treasury shall 
be made according to the manner established by law. 

Art. 117. In case the legislative body, for any reason Avhatever, 
should fail to approve the budget of one or more of the ministerial 
departments before its adjournment, the budget or budgets of the 
interested departments in force for the current budgetary year shall 
be maintained for the following budgetary year. 

Title V. — The Public Force. 

Art. 118. An armed force to be known as the Gendarmepw cF Haiti 
shall be established to preserve order, guarantee the rights of the 
people and police the cities and the country. 

It shall be the only armed force of the Republic. 

Art. 119. The regulations for the maintenance of discipline in the 
Gendannci ie and the repression of the offenses committed by those 
who compose it shall be established by the executive power. These 
regulations .shall have the force of law. 



312 CONSTITUTIONS OF THE STATES AT WAK. 

These regulations shall establish the organization of the courts 
martial of the Gendarmerie, shall prescribe their powers and shall 
determine the obligations of their members and the rights of the 
individuals who are to be judged by them. 

The sentences pronounced by courts martial of the Gendarmerie 
sliall be subject only to revision by the Court of Cassation, and this 
revision shall be confined to questions of jurisdiction and of excess 
of powers. 

Title VL — Genekal Provisions. 

Art. 120. The national colors shall be blue and red horizontally 
placed. 

The coat of arms of the Republic shall consist of a palm tree sur- 
mounted by a cap of liberty adorned by a trophy with the legend: 
" L'Union fait la force." 

Art. 121. No oath shall be required except by virtue of the Consti- 
tution or of a law. 

Art. 122. The national holidays shall be: That of the Independ- 
ence, 1 January, and that of Agriculture, 1 May, 

The legal holidays shall be determined by law. 

Art. 123. No law, decree or rule of the public administration shall 
be obligatory until it has been published in the form established 
by law. 

Art. 124. All elections shall be made by secret ballot. 

Art. 125. The state of siege shall not be declared except where the 
external or internal security is in imminent peril. 

The act of the President of the Eepublic declaring a state of siege 
must be countersigned by the majority of the secretaries of State 
present in the capital. 

An account shall be rendered of it at the opening of the houses 
by the executive power. 
"ILrt, 126. The eifects of the state of siege shall be regulated by a 
special law. 

Art. 127. The present Constitution and all the treaties actually in 
force or to be concluded hereafter, and all the laws decreed in accord- 
ance with this Constitution or with these treaties, shall constitute 
the law of the country, and their relative superiority shall be deter- 
mined by the order in which they are here mentioned. 

All the provisions of the laws which are not contrary to the pro- 
visions of this Constitution or to the treaties actually in force or to 
be concluded hereafter, shall be maintained until they have been 
formally abrogated or amended ; but those which are contrary thereto 
shall be and shall remain abrogated. 



HAITI. 313 

Title VII. — The Revision of the Constitution. 

Art. 128. The amendments of the Constitution must be adopted 
by tlie majority of votes of all the electors of the Republic. Each of 
the two branches of the legislative power, or the President of the 
Republic, through a message to the legislative power, may propose 
amendments to the present Constitution. 

The amendments proposed shall not be subject to popular ratifica- 
tion until after their adoption by a two-thirds majority of each legis- 
lative house sitting separately. 

These amendments shall then be published immediately in the 
Monite^tr. 

Toy three months before voting on the proposed amendments, the 
texts thereof shall be posted by each communal magistrate in the 
principal public places of his commune, and shall be printed and 
published twice a month in the newspapers. 

At the next biennial session of the primary assemblies, the pro- 
posed amendments shall be submitted to vote, one by one, by yeas and 
nays, in secret and separate ballot, and those amendments which 
should have obtained the absolute majority of votes in all the terri- 
toi-y of the Republic shall become an integral part of the Constitu- 
tion from the day on which the legislative body convenes. 

SPECIAL ARTICLE. 

All i\\Q acts of the Government of the United States during its 
military occupation of Haiti are ratified and validated. 

.4. No Haitian shall be amenable to civil or criminal prosecutions 
by reason of any act executed by virtue of orders received during the 
oocupation or under its authority. 

/ The acts of the courts martial during the occupation shall not be 
subject to revision, without prejudice, however, to the right of 
pardon. 

The acts of the executive power performed up to the promulga- 
tion of the present Constitution are likewise ratified and validated. 

Title VIII. — Transitory Provisions. 

Art. a. The duration of the mandate of the citizen President of 
the Republic at the moment of the adoption of the present Constitu- 
tion shall come to an end on 15 May 1922. 

Art. B. The duration of the mandate of the communal councilors 
existing at the time of the adoption of the present Constitution shall 
come to an end in January, 1920. 

Art. C. The first election of members of the legislative body aftei 
the adoption of the present Constitution shall take place on 10 Janu- 
ary of an eA'en-numbered year. 
88381—19 21 



314 CONSTITUTIONS OF THE STATES AT WAR. 

The year shall be fixed by a decree of the President of the Ee- 
public published at least three months before the meeting of the 
primary assemblies. 

The session of the legislative body then elected shall convene on 
the constitutional date immediately following the first election. 

Art. D. a Council of State, created in accordance with the same 
principles as those of the decree of 5 April 1916 and composed of 
21 members distributed among the different departments, shall exer- 
cise the legislative power until the legislative body is constituted, on 
which date the Council of State shall cease to exist. 

Art. E. The irremovability of judges shall be suspended for a 
period of six months beginning from the date of the promulgation 
of the present Constitution. 



HONDURAS. 

The first separate Constitution of the Republic of Honduras dates 
from 11 December 1825, After the dissolution of the Central Ameri- 
can Federation, Honduras remodeled its Constitution on 11 January 
1839. This Constitution has been modified on several occasions: 4 
February 1848, 2l^^September 1865, 23 December 1873, 1 November 
1880 ^ and 14 October 1894. But the wars and dictatorships which 
succeeded each other almost without interruption for fifty years 
have caused the suspension or non-observance of these texts, the 
majority of which have remained dead letters. The Constitution in 
force today is still that of 1894. Replaced by a new Constitution 
on 2 September 1904,- it Avas restored ^ shortly after with a single 
modification (abolishment of the institution of the jury).* 



CONSTITUTION OF 14 OCTOBER 1894.^ 

[Preamble.] ^^^ un^ ^ ^-u^ 6 C^j7 

We, the representatives of the people of Honduras, having assem- 
bled to formulate the fundamental law of the nation, declare and 
sanction the following Political Constitution. 

Title I. — The Nation. 

Article 1. Honduras is a State disjoined from the Republic of 
Central America. In consequence, it recognizes as a most pressing 
necessity its reunion with the other States of the dissolved Republic. 
To this effect the legislative power is authorized to definitively ratify 
the treaties which aim to accomplish this reunion with one or more 
of the States of the old Federation. 

Art. 2. Honduras is a free, sovereign and independent nation. 

Art. 3. The national sovereignty resides essentially in the univer- 
sality of Hondurans. 

1 EngUsh translation in the Bntish and Foreign State Papers, 71 : pp. 906-921. 

2 Spanisli text and English translation in parallel columns in J. I. Rodriguez, American 
Constitutions (Washington, 1906), vol. i, pp. 360-3S9. English translation also in the 
British and Foreign State Papers, 100 : pp. 1072-10S9. 

s See Mensaje del Presidente (Tegucigalpa, 1909), p. 10. 

' This introductory paragraph is based upon F. R. Dareste et P. Dareste, Lea Con- 
sUiutions modernes (3d edition, Paris, 1910), vol. ii, pp. 563-564. 
» Translated by Antonio M. Opisso from the official Spanish text. 

315 



316 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 4, All public power emanates from the people. The func- 
tionaries of the State have no further authority than that expressly 
given to them by law. All acts executed by them outside of the law 
are null. 

Art. 5. The limits of Honduras and its territorial divisions shall 
be determined by law. 

Title II. — Hondurans. 

Art. 6. Hondurans are either natives or naturalized. 
Art. 7. The following are natives : 

1. Those who are born in Honduras of Honduran parents. 

2. Children born in Honduras of foreigners domiciled there and 
children of a Honduran father or mother born abroad who should 
choose Honduran nationality. 

The provisions of the last paragraph may be modified by treaty, 
provided there is reciprocity. 

Art. 8. Children of the other Republics of Central America who 
declare before the highest political departmental authorities their 
desire to become Hondurans are considered as natives. 

Art. 9. The following are naturalized : 

1. Spanish- Americans who have resided one year in the country 
and who declare, before the proper authority, their desire to be nat- 
uralized therein. 

2. Other foreigners who have resided two years in the country 
and who declare, before the aforesaid authority, their desire to be 
naturalized therein. 

3. Those who obtain naturalization papers from the authority 
designated by the law. 

Title III. — Foreigners. 

Art. 10. The Republic of Honduras is a sacred asylum for all who 
may take refuge in its territorj^ 

Art. 11. Foreigners, from the moment of their arrival in the ter- 
ritory of the Republic, are obliged to respect the authorities and to 
observe the laws. 

Art. 12. Foreigners enjoy in Honduras all the civil rights of Hon- 
durans. 

Art. 13. They may acquire every kind of property in the country ; 
but with regard to their property, they shall be subject to all the 
ordinary taxes and to those extraordinary taxes of a general charac- 
ter to which Hondurans are liable. 

Art. 14. They shall not present claims or demand any indemnity 
from the State except in such cases and in such form as Hondurans 
may do so. 



HONDURAS. 317 

Art. 15. Foreigners shall not have recourse to diplomatic interven- 
tion except in cases of denial of justice. For this purpose a judicial 
decision unfavorable to the claimant is not understood to be a denial 
of justice. If, in contravention of this provision, they do not teraii- 
nate their claims in an amicable manner and cause injury to the coun- 
try, they shall forfeit the right to live therein. 

Art. 16. Extradition shall be granted only by virtue of a law or 
of treaties, for serious common crimes; never for political crimes, 
even if, in consequence of the latter, a common crime should ensue. 

Art. 17. The laws shall establish the form and the cases in which 
a foreigner may be denied entry into the territory of the nation, or 
his expulsion ordered, because of his being considered pernicious. 

Art. 18. Laws and treaties shall define the use of these guarantees, 
without the power to diminish or alter them. 

Art. 19. The provisions of this title do not modify the treaties now 
existing between Honduras and other nations. 

Title IV. — Citizens. 

Art. 20. All Hondurans over 21 years of age, and those over 18 
who are married or know how to read and write, are citizens. 

Art. 21. The following are the rights of the citizen: To vote, to 
apply for public offices and to possess and carry arms, all in accord- 
ance with the law. 

Art. 21. The rights of citizenship are suspended: 

1. By an order for imprisonment or a declaration that there 
are grounds for indictment. 

2. By vagrancy legally established. 

3. By disorder of the metal faculties judicially established. 

4. By a sentence depriving the subject of political rights, during 
the service of such sentence. 

5. By having been declared a fraudulent debtor, until judicial 
rehabilitation is obtained. 

6. By a sentence which imposes a penalty higher than a cor- 
rectional penalty. 

7. By accepting employment from foreign States without per- 
mission of the proper authorities. The Kepublics of Central Amer- 
ica are not considered foreign States. 

Art. 23. Active suffrage can not be renounced and is obligatory 
to all citizens. 

Art. 24. Suffrage shall be direct and secret. Elections shall be 
carried out in the form prescribed by law, and the law shall give 
a corresponding representation to minorities. 

Art. 25. Only citizens over 21 years of age, who are in the exercise 
of their rights, can qualify for election. 



318 CONSTITUTIONS OF THE STATES AT WAR. 

Title V. — Rights and Guarantees. 

Art. 26. The Constitution guarantees to all the inhabitants of 
Honduras, whether nationals or foreigners, the inviolability of hu- 
man life, individual security, liberty, equality and property rights. 

INVIOLABILITY OF HUMAN LIFE. 

Art. 27. Capital punishment is absolutely abolished in Honduras. 

INDIVIDUAL SECURITY. 

Art. 28. The Constitution recognizes the guarantee of habeas 
corpus. Consequently every person illegally detained, or any other 
person in his name, has the right to have recourse to the court, ver- 
bally or in writing, demanding the production of the person. 

Art. 29. Every person has the right to ask for protection against 
any attempt or arbitrary proceedings of which he may be a victim, 
and to make effective the exercise of all the guarantees which this 
Constitution establishes, when he has been wrongfully restrained 
in the enjoyment thereof, by law or by the acts of any public au- 
thority, "agent or functionary. 

Art. 30. A warrant of arrest which does not emanate from the 
competent authority, or which has been issued without the legal 
formalities, is illegal. 

Art. 31. Detention for the purpose of inquiry shall not exceed six 
days. 

Art. 32. The solitary confinement of the person detained shall not 
exceed 24 hours. 

Art. 33. No order for imprisoimient may be made without full 
proof before the arrest that a crime has been committed which is 
punishable with a penalty higher than a correctional penalty and 
without at least reasonable presumption as to who the author is. 

Art. 34. Imprisonment or arrest is permitted, through sentence or 
judicial order, in such cases and for such periods as are provided by 
the law. The judicial order shall not be for a period exceeding 30 
days. 

Art. 35. An offender in -fiagrcmte delicto may be apprehended by 
any person for the purpose of handing him over immediately to the 
authority having the right to arrest. 

Art. 36. No one may be imprisoned or detained except in such 
places £ts the law determines. 

Art, 37. Even with a warrant for imprisonment, no one can be 
taken to prison, or detained therein, if he furnishes sufficient bail, 
when a greater penalty than three years is not applicable for the 
offense. 



HONDURAS. 319 

Art. 38. No one may be judged by special commissions or by 
judges other than those designated by the hiw. 

Art. 39. Imprisonment for debts is forbidden except in cases of 
fraud. 

Art. 40. The right of defense is inviolable. 

Art. 41. In criminal cases no one can be obliged to give evidence 
against himself or against his spouse or relatives within the fourth 
degree of consanguinity or the second degree of affinity. 

Art. 42. No one may be molested or prosecuted on account of his 
opinions. Private actions which do not interfere with morality or 
public order, or which do not injure third parties, will always be 
beyond the action of the law. 

Art. 43. Whipping or beating with cudgels and all kinds of tor- 
ture are absolutely forbidden. Unnecessary imprisonment and all 
undue rigor are also forbidden. 

Art. 44, The dwelling of every i-ndividual is a sacred asylum 
which shall not be forcibly entered except by the authorities in the 
following cases: 

1. To take out of it a criminal surprised in -flagrante delicto. 

2. When an offense is committed inside of the dwelling; when 
some scandalous disturbance requiring prompt remedy has taken 
place therein, or when so requested from the interior of the house. 

3. In case of fire, earthquake, flood, epidemic or any other 
analogous emergency. 

4. To release a person unlawfully sequestered. 

5. To remove objects sought by virtue of a process, provided 
there is at least partial proof of the existence of said objects, or to 
execute a judicial order legally issued. 

6. To arrest parties whose imprisonment or detention has been 
ordered, provided there is at least partial proof that they are con- 
cealed in the house to be forcibly entered. 

In the two cases last mentioned the forcible entry shall not take 
place without the written order of the competent authority. 

Art. 45. When the dwelling place to be entered is not the domicile 
of the party pursued, the authority or its agents shall previously 
ask the permission of the tenant. 

Art. 46. The forcible entry of a domicile in those cases which re- 
quire a written order shall not be made between the hours of seven 
o'clock in the evening and six o'clock in the morning. 

Art. 47. Private correspondence by letter or telegram, private 
papers and commercial books are inviolable. In no case shall the 
executive power or the agents thereof intercept, open or detain 
private letters or telegrams. Correspondence intercepted, whether 
at post-offices or any other place, shall not be admitted in evidence. 



320 CONSTITUTIONS OF THE STATES AT WAE. 

Art, 48, Private correspondence, papers and books shall only be 
seized by order of a competent court in the cases, Avhether civil or 
criminal, which the law may determine; said correspondence must 
be examined in the presence of the person possessing it, or if absent, 
in the presence of two witnesses, and those papers which have no 
bearing upon the matter under investigation shall be returned. 

Art. 49. The enactment of laws providing for proscription, con- 
fiscation or the establishment of infamous or perpetual penalties is 
hereby forbidden. The duration of the penalties shall not exceed 
fifteen years. 

Art. 50. Laws shall not have retroactive effect except in criminal 
cases, where the new law is favorable to the delinquent. 

Art, 51. The police force shall only be entrusted to the civil 
authorities. 

Art. 52. No penalty higher than correctional shall be imposed ex- 
cept after a jury has found the delinquent guilty. 

liberty. 

Art. 53. A slave who enters on the territory of Honduras becomes 
free. Slave traffic is a crime. 

Art. 54. The free exercise of all religions, limited only by morality 
and public order, is guaranteed. 

Art, 55, The civil status of persons shall not be subject to any 
specified religious belief. 

Art. 56. The expression of thought, written or spoken, is free, 
and the law shall not restrict it. Neither shall the law prevent the cir- 
culation of national or foreign printed matter. Offenses committed 
through the press shall be previously qualified by the jury. 

Art. 57. Free education is guaranteed. Education supported by 
public funds shall be laical, and primary education shall be also 
gratuitous, obligatory and subsidized by the State. The law shall 
regulate education without restricting its liberty or the independence 
of its professors. 

Art. 58. The liberty of meeting unarmed and of forming associa- 
tions for any legal object is guaranteed. The establishment of any 
kind of monastic association^ is forbidden. 

Art. 59^. All industries are free. Only spirits, gunpowder, salt- 
peter and tobacco can be made a monopoly for the benefit of the 
nation. 

Art, 60, Monopolies, privileges and concessions can only be estab- 
lished for a limited time for the purpose of stimulating the intro- 
duction or improvement of new industries, colonization or emigra- 
tion, institution of credit and the opening up of means of com- 
munication. 



HONDURAS. 321 

Art. 61. Every one is at liberty to dispose of his property, in ac- 
cordance with the civil law, by sale, donation, will or any other legal 
title. 

Art. C2. Entails and all institutions in favor of religions estab- 
lishments are prohibited. 

Art. 63. Any person or collection of persons has the right to ad- 
dress petitions to the legally established authorities for their decision 
and to be informed thereof. 

Art. 64. Every one is at liberty to enter, remain in, traverse and 
quit the territory of the nation without a passport. 

EQUALITY. 

Art. 65. In law there are no charters or personal privileges. The 
ministers of the different religious societies shall not hold public 
offices. 

Art. 66. Proportionality shall be the basis of direct taxation. 

PROPERTY. 

xA.rt. 67. No one shall be deprived of his property except by virtue 
of a law or of a sentence founded on law. Expropriation, when 
necessary or for public utility, must be authorized by law or by a 
sentence founded on law, and shall not take place without previous 
compensation. In case of war previous compensation is not indis- 
pensable. 

Art. 68. All authors or inventors enjoy the exclusive ownership 
of their work or inventions for such period as the law determines. 

Art. 69. The right of recovery of confiscated property prescribes 
after fifty years. 

Art. 70. Congress alone shall impose national taxes. 

Art. 71. No personal service can be exacted except by virtue of the 
law or a sentence founded on law. 

general provisions. 

Art. 72. The enumeration of rights and guarantees made in this 
Constitution does not exclude other rights and guarantees not enu- 
merated but arising from the principle of sovereignty of the people 
and of the republican form of government. 

Art. 73. The laws which regulate the exercise of these guarantees 
shall become ineffective in so far as they diminish, restrict or alter 
them. 

Art. 74. In case of external war a state of siege may be declared 
in the whole Republic or any part thereof. The state of siege will 



322 CONSTITUTIONS OF THE STATES AT WAR. 

last as long as the circumstances which caused it may require; but 
shall not exceed sixty days without a fresh declaration, and shall 
never alter the guarantees as set forth in Articles 27, 43 and 49. 

The state of siege shall also be declared in case of disturbances of 
the public peace in the interior, being limited to the place or to the 
territory where disturbances of the order exist, and may be extended 
if so required for the security of the Eepublic. 

Art. 75. In case of an epidemic, sanitary regulations may be issued 
in opposition to or in restriction of the guarantees contained in 
Articles 44, 47, in so far as relates to the detention of correspondence, 
58, 64 and 71. 

Title VI. — The Form or Government. 

Art. 76. The government of Honduras is republican, democratic 
and representative. It is exercised by three independent powers; 
Legislative, executive and judicial. 

Art. 77. None of the constituted powers shall perform any acts 
altering the established form of Government or impairing the in- 
tegrity of the territory or the national sovereignty. 

Title VII. — The Legislative Power. 

Art. 78. The legislative power is exercised by a Congress of 
Deputies which will assemble in the capital of the Republic on th^ 
first of January of each year without need of previous convocation. 

Art. 79. The sessions of Congress shall last sixty days and may be 
extended for forty days more, when so required by matters of actual 
interest. 

Art. 80. Congress shall also hold extraordinary sessions when con- 
voked by the executive, in which case it will occupy itself solely with 
the business stated in the decree convoking it. 

Art. 81. After Congress has been installed in the capital, it may 
resolve to move to another place. 

Art. 82. On the twenty-first day of December of each year the 
deputies shall assemble in preparatory meetings, and with the concur- 
rence of five at least they shall organize the directory, in order to 
issue the necessary orders for the installation of Congress. 

Art. 83. Two thirds of the members composing Congress shall be 
sufficient to constitute a quorum. 

Art. 84. Five deputies may convoke an extraordinary session of 
Congress at anj^ place in the Eepublic, whenever the executive has 
prevented its sessions or has dissolved them. 

Art. 85. Deputies shall be elected for four years and may be re- 
elected indefinitely. Every two years they shall be renewed by 
halves. The first renewal shall be made by lot, and the subsequent 
ones by order of seniority. 



BtONDURAS. 323 

Art. 86. The following shall not be elected deputies : 

1. The secretaries and under-secretaries of State. 

2. The employees of the executive power who exercise general 
or departmental jurisdiction. 

3. Soldiers in service. 

4. Contractors for public works or services paid for with funds of 
the State, and those who by reason of said contracts may have claims 
in their own interest. 

5. Debtors in arrears of the public treasury, and those who have 
pending accounts for the administration of its funds. 

6. The relatives of the President of the Republic within the fourth 
degree of consanguinity or the second degree of affinity. 

Art. 87. Deputies from the day of their election shall enjoy the 
following prerogatives: 

1. Personal immunity from being accused or sentenced without 
previous declaration of Congress to the effect that they may be prose- 
cuted. 

2. No civil action shall be brought against them from thirty days 
before, or until fifteen days after, the ordinary or extraordinary ses- 
sions of Congress, except in case of counter-claim. 

3. Not to be subject to military service without their consent 
from the time of election until the end of their term of office. 

4. Not to be banished from the Republic or held in confinement 
during the period for which they have been elected. 

5. Not to be responsible for their opinions or their parliamentary 
initiative. 

Art. 88. Deputies are not obliged to accept employment from the 
executive. Should they voluntarily accept any of the offices enumer- 
ated in Article 86, the,y shall ipso facto cease to be deputies and their 
successor shall be elected. 

Art. 89. The election of deputies to Congress shall take place on 
the basis of one sitting deputy and one substitute for every ten thou- 
sand inhabitants. In the event of there being fractions, their repre- 
sentation shall be determined by law. 

Title VIII. — The Attributions of the Legislative Power. 

Art. 90. The following attributions belong to Congress : 

1. To open and close its sessions, certify the elections of its 
members upon the presentation of their credentials and receive their 
promise according to law. 

2. To summon the respective substitutes in case of the absolute 
non-attendance or legal disqualification of the sitting member and 
order the filling of the vacancies which may occur. 

3. To accept the resignation of its members for legal reasons 
duly approved. 



324 CONSTITUTIONS or THE STATES AT WAR. 

4. To regulate its internal management. 

5. To decree, interpret, reform and abrogate laws. 

6. To create and suppress public offices, provide pensions and 
decree honors. 

7. To grant pardons and amnesties and commute sentences. 

8. To provide for everything relative to the security and defense 
of the Republic. 

9. To scrutinize the votes for the President and the Vice-Presi- 
dent of the Republic and the magistrates of the Supreme Court of 
Justice, and declare the election of those citizens who have obtained 
an absolute majority. 

10. In case of there being no absolute majority, to elect the 
President, Vice-President and magistrates from among the three citi- 
zens who have obtained for each office the greatest number of popular 
votes. 

11. When several elections concur in a single individual, prefer- 
ence shall be determined in the following order: 1. President; 2. 
Vice-President; 3. deputy; 4. magistrate. The election as a sitting 
member has preference over that of substitute. 

12. To receive the constitutional promise from the public officials 
it may elect or declare elected and to accept or refuse their resigna- 
tions. 

13. To designate every year three citizens to exercise the execu- 
tive power in the order of their election in cases of vacancy of the 
Presidency or Vice-Presidency of the Republic, provided for in the 
Constitution. 

14. To declare that there are grounds for impeachment of the 
President, the Vice-President, deputies, magistrates of the Supreme 
Court, secretaries of State and diplomatic agents during the term of 
their offices. 

15. To change the residence of the supreme powers for grave 
reasons. 

16. To decree rewards and grant temporary privileges to au- 
thors and inventors and to such as introduce or improve new in- 
dustries of general utility. 

17. To decree subsidies to promote new industries or improve 
existing ones. 

18. To grant subventions for purposes of public utility. 

19. To grant or refuse permission to Hondurans to accept em- 
ployment from other nations. 

20. To approve or disapprove the conduct of the executive. 

21. To approve, modify or disapprove the contracts entered into 
by the executive in the cases provided for in Article 60, or when their 
effect has to be extended to the following presidential term. 



HONDURAS. 3 25 

22. To approve, modify or disapprove the treaties concluded 
with other nations. 

23. To regulate land and maritime commerce. 

24. To approve or disapprove the accounts of public expendi- 
tures. 

25. To fix annually the budget of expenditures, taking the prob- 
able revenues as a basis thereof. 

26. To levy taxes. 

27. To regulate the payment of the national debt. 

28. To decree the alienation of national property or its applica- 
tion to public uses. 

29. To contract loans. 

30. To open ports and to create and suppress custom-houses. 

31. To decree the weight, fineness and type of national cur- 
rency. 

32. To declare war and conclude peace. 

33. To fix in each ordinary session the number of the forces of the 
permanent army. 

34. To allow or forbid the passage of troops belonging to another 
country through the territory of the Republic. 

35. To declare the Republic or any part thereof in a state of 
siege in accordance with the law. 

36. To confer the rank of general of brigade or division on 
the recommendation of the executive. 

37. To grant naturalization papers to foreigners. 

38. To appoint the members of the Court of Accounts and the 
Fiscal General of the Treasury. 

Art. 91. The legislative power shall not settle or declare the civil 
status of persons or grant academic or literary degrees. 

Art. 92. The faculties of the legislative power, with the exception 
of those which refer to the installation of high public officials in office, 
can not be delegated. 

Title IX. — The Formation, Sanction and Promulgation or the 

Law. 

Art. 93. Only the deputies, the President of the Republic through 
the secretaries of State and the Supreme Court of Justice in matters 
of its competence can introduce laws. 

Art, 94. No bill shall be definitively voted until it has been con- 
sidered three times on separate days except in cases of urgency sup- 
ported by two thirds of the votes. Every proposal having for its 
object to declare the urgency of a law must be preceded by a state- 
ment of the motives on which it is founded. 



326 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 95. Every bill, as soon as it is approved by Congress, shall 
be dispatched to the executive, at the latest, within three days after 
it has been passed, so that the executive may sanction it and may 
cause it to be promulgated as law. 

Art. 96. The promulgation of a law shall be effected with the 
following formula : " Therefore, let it be carried out." 

Art. 97. Should the executive power find reasons for not sanction- 
ing the bill, it shall be returned to Congress within ten days with the 
formula, " Keturn to Congress," setting forth the reasons upon which 
it bases its disapproval. If, within the said period it does not 
object, the bill shall be held to be sanctioned and shall be promul- 
gated as law. Should the executive return the bill, Congress shall 
subject it to a reconsideration; and if it is ratified by two thirds of 
the votes, it shall be dispatched again to the executive with this 
formula : " Ratified constitutionally " ; and the executive shall publish 
it without delay. 

Art. 98. If Congress votes a bill at the end of its sessions which 
the executive considers advisable not to sanction, the latter is obliged 
immediately to inform Congress, so that it may remain assembled 
for ten days beginning from the day the executive received the bill ; 
and should this not be done, the law will be considered as sanc- 
tioned. 

Art. 99. The sanction of the executive is not necessary for the fol- 
lowing acts or resolutions : 

1. For elections made or declared by Congress, qv for resigna- 
tions accepted or refused by it. 

2. For declarations that there are grounds for indictment. 

3. For the budget law. 

4. For decrees relating to the conduct of the executive. 

5. For the rules it may form for its internal management. 

6. For resolutions to temporarily change its residence to some 
other place and to suspend or extend its sessions. 

7. For treaties or contracts which Congress disapproves. 
Art. 100. Whenever a bill not introduced by the Supreme Court 

of Justice has for its object the reformation or abrogation of any 
of the provisions contained in the Codes of the Republic, it shall not 
be discussed without hearing first the opinion of that tribunal. The 
court shall publish its report within such period as Congress may 
designate. This provision does not extend to laws of political, eco- 
nomic or administrative character. 

Title X. — The Executive Power. 

Art. 101. The executive power is exercised by a citizen who is 
called President of the Republic; in default thereof, by a Vice- 



HONDURAS. 327 

President, and in default of the latter, by one of the Designates in 
the order of their appointment. 

Art. 102. The President, the Vice-President and the Designate 
must be citizens in the exercise of their rights, over 21 years of age 
and natives of Honduras. 

Art. 103. The President and Vice-President shall be elected by 
popular and direct vote, and their election shall be declared by Con- 
gress, as is prescribed. 

Art. 104. The presidential term shall be for four years and shall 
commence on 1 February. 

A citizen who has proprietorially exercised the Presidency shall 
not be reelected nor be elected Vice-President for the following 
term. Neither shall his relatives within the fourth degree of con- 
sanguinity or the second degree of affinity be elected President or 
Vice-President. 

Art. 105. No citizen who has occupied the constitutional Presi- 
dency during the last six months of the presidential term, nor his 
relatives within the degrees stated in the foregoing article, shall be 
elected President. 

Art. 106. In case of absolute default of the President of the Ke- 
public, the executive power shall be* in charge of the Vice-President ; 
and in default of the latter, the corresponding Designates in the 
order of their election. The Designate shall finish out the presi- 
dential term, should such vacancy occur within the last year; but 
should it occur before the first three years have elapsed, a new 
presidential election must be proceeded with one month after the 
vacancy has occurred. In case of temporary disability, the functions 
of the President shall be exercised by the Vice-President and the Des- 
ignates in the order of their election. 

Art. 107. Until the person designated by law has taken charge 
of the Presidency, the executive power shall be exercised by the 
Council of Ministers, and the latter shall immediately call the new 
official to give him charge of office, if Congress has not assembled. 

Title XL — The Duties and Attributions or the Executive Power. 

Art. 108. The President of the Eepublio has the general adminis- 
tration of the country. His attributions are : 

1. To exercise command as chief of the land and naval forces. 

2. To defend the independence and the honor of the nation, and 
the integrity of its territory. 

3. To carry out and provide for the fulfillment of the laws, is- 
suing for this purpose the necessary decrees and orders without alter- 
ing their spirit. 



328 CONSTITUTIONS OF THE STATES AT WAE. 

4. To appoint the secretaries and under-secretaries of State and 
the other officials of the executive department, in accordance with 
the law. 

5. To preserve the internal peace and security of the Kepublic, 
and to repel all external attack or aggression. 

6. To give to the officials of the judicial power the force and 
assistance which they may require to make their decisions effective. 

7. To remove officials of his own free appointment. 

8. To see that all officials of the Eepublic fulfill the duties which 
are imposed upon them by law, without interfering in the exercise of 
their functions. 

9. To grant amnesties, whenever public convenience demands it, 
during the recess of Congress. 

10. To commute sentences in accordance with the law during 
the recess of Congress. 

11. To convoke Congress to extraordinary sessions or to pro- 
pose the prorogation of the ordinary ones. 

12. To declare war and make peace and to permit or forbid the 
passage of troops of another country through the territory of the 
Republic, when circumstances do not permit the assembling of Con- 
gress to decide the matter. 

13. To submit through the respective secretaries of State, within 
the first eight days after the assembling of Congress, a detailed re- 
port or memorial of all the branches of the administration. 

14. To conclude treaties and any other diplomatic negotiations, 
submitting them to the ratification of Congress at the next session. 

15. To direct foreign relations, to appoint diplomatic and con- 
sular agents of the Republic, and to receive ministers and admit 
consuls of foreign nations. 

16. To cause the revenue of the State to be collected and to regu- 
late the disposal thereof in accordance with the law. 

IT. In case of invasion or rebellion, if the resources of the State 
should be insufficient, to decree a general and proportional loan, 
voluntary or forced, of the disposal of which he shall give an ac- 
count to Congress at the next session. 

18. To confer military grades from sub-lieutenant to colonel 
and those of general of brigade and division on the field of battle 
to military officers who distinguish themselves by their cqnduct; 
submiting the appointments of generals to the approval of Congress 
at its next session. 

19. To dispose of the military forces and to organize and dis- 
tribute them in accordance with the law as the necessities of the Re- 
public may require. 

20. To grant letters of marque and reprisal. 



HONDURAS. 329 

21. To declare the Republic or a part thereof in a state of siege 
in accordance with the law during the recess of Congress, with the 
obligation of rendering an account to Congress, at its first meeting, 
of the use that he may have made of this power. 

22. To grant naturalization papers in accordance with the law. 

23. To grant or deny permission to Hondurans, during the recess 
of Congress, to accept employment from another nation. 

24. To direct and promote public instruction and to provide 
for the education of the people. 

25. To sanction the laws and exercise the right of veto when 
necessary, and to promulgate without delay those legislative enact- 
ments which do not require the sanction of the executive. 

26. To order, during the recess of Congress, the filling of vacan- 
cies among the deputies and the magistrates of the Supreme Court in 
accordance with the law, at the latest one month after the vacancies 
have occurred. 

27. To appoint ad interiin^ during the recess of Congress, the 
members of the Court of Accounts and the Fiscal General of the 
Treasury. 

28. To publish monthly the report of receipts and expenditures 
of the public revenues. 

29. To keep watch on the legal exactness of the currency, and 
to look after the uniformity of weights and measures. 

30. To exercise the supreme command of the police force. 
Art. 109. The orders of the executive power which do not emanate 

from the corresponding ministry shall not be obeyed. The Presi- 
dent and the ministers shall be jointly responsible for the orders 
they may issue in contravention of the Constitution and the laws. 

Art. 110. Whenever the President of the Republic may consider 
it advisable to place himself at the head of the army, he shall en- 
trust the executive power to the citizen who must replace him under 
the Constitution; and he shall become invested only with the char- 
acter of General-in-Chief and with the attributions of Commanding 
General. 

Title XII, — The Secretaries of State. 

Art. 111. There shall be from three to six secretaries of State, 
and the executive shall apportion between them the transaction of 
business. 

Art. 112. The secretaries of State must be native or naturalized 
Hondurans and over 21 years of age. 

Art. 113. The following shall not be secretaries of State: Con- 
tractors of public works or services who are to be paid by the nation ; 
those who by reason of said contracts may hold claims for their own 



o30 CONSTITUTIOISrS OF THE STATES AT WAE. 

interests ; debtors of the public treasury, and those who have accounts 
pending in favor of the latter, for administration of fundc. 

Art. 114. The secretaries of State may assist at the deliberations 
of Congress without the right to vote, and they must attend whenever 
they are called, and answer the interpellations which any deputy 
may make to them in regard to administrative matters, excepting 
those of the Departments of War and of Foreign Relations, when 
they consider it necessary to maintain reserve, until Congress orders 
them to answer. 

Art. 115. The under-secretaries of State must have the same qual- 
ifications as the secretaries, and they shall substitute the latter by 
ministration of the law. 

Title XIII. — The Judicial Powder. 

Art. 116. The judicial power of the Republic shall be exercised by 
a Supreme Court of Justice composed of five magistrates, ^ho shall 
reside at the capital, and by the inferior courts and judges w^hich the 
law establishes. 

Art. 117. To be a magisti:ate it is required to be a lawyer and over 
25 years of age. 

Art. 118. Magistrates of the Supreme Court shall be elected by the 
jDeople, and may be reelected. 

Art. 119. Three; substitute magistrates shall likewise be elected, 
who shall substitute for the sitting magistrates, and must have the 
same qualifications as the latter. In case the vacancy is absolute, the 
executive power shall issue a call for elections to fill the place of the 
sitting magistrate, and the election shall be declared by the Supreme 
Court. 

Art. 120. The Supreme Court of Justice shall appoint the magis- 
trates of the Courts of Appeals, the departmental and sectional in- 
ferior judges and the officials of the public ministry in accordance 
with the law. The justices of the peace shall be elected by popular 
vote in the respective municipal districts. 

Art. 121. Persons who are related within the fourth degree of 
consanguinity or the second degree of aifinity shall not be magis- 
trates or judges in the same tribunal. 

If two or more persons related within said degrees are elected, 
the one obtaining the highest number of votes shall be given pref- 
erence, and in case of equal number of votes, the one who is the 
senior lawyer shall be preferred. The election of the others shall 
be replaced. 

Art. 122. The term of office of magistrates, departmental or sec- 
tional judges and officials of the public ministry shall be four years 
and they shall take possession of their posts on 1 February. 



HONDURAS. 331 

Art. 123. The Supreme Court shall accept or refuse the resigna- 
tions of the officials of its appointment, and shall grant leave of ab- 
sence both to the latter and to its own members. 

Departmental and sectional judges shall accept or refuse the 
resignations and grant leave of absence to the justices of the peace. 

Art. 124. The law shall regulate the organization and attributions 
of the tribunals of justice. 

Art. 125. The power to judge and to carry judgments into effect 
is vested in the courts and other tribunals of justice. It is their 
business to apply the laws in concrete cases legally brought before 
them, and to refuse to carry them out when they are contrary to the 
Constitution. 

Art. 126. A jury is established in those places where there are 
departmental or sectional judges who shall sit in all criminal cases 
which must be heard before a court of record. The law shall regu- 
late this institution. 

Art. 127. The Supreme Court of Justice, in addition to the at- 
tributions conferred upon it by law, shall exercise the following 
attributions : 

1. To formulate its internal regulations. 

2. To take cognizance of official and common offenses, committed 
by high public officials, when Congress has declared that there are 
grounds for their indictment. 

3. To authorize the lawyers and notaries, licensed within or 
outside of the Republic, to exercise their profession, with the excep- 
tions established in the treaties, and to suspend them in accordance 
with the law. 

4. To declare that there are grounds for impeachment of the 
members of the Court of Accounts, of the Fiscal General of the 
Treasury and of the principal national and departmental officials 
which the law may determine, for offenses committed by them in 
the discharge of their duties. 

5. To take cognizance of prize cases, extradition cases and other 
cases which should be judged in accordance with international law. 

Art. 128. Direct proceedings may also be established before the 
Supreme Court of Justice, against the constitutionality of a law in 
regard to matters not within the jurisdiction of the courts, by any 
person whose legal rights may be injured by reason of the applica- 
tion of that law in a concrete case. The law shall regulat^e the use 
of this. recourse. 

Art. 129. The administration of justice in the Eepublic is gratu- 
itous. 

Art. 130. The members of the courts of justice shall not, during 
their term of office, hold any other office carrying jurisdictional 
powers. 



332 CONSTITUTIONS or the states at wak. 

Art. 131. Courts of justice may demand the assistance of the 
armed forces for the enforcement of their decrees, and should this 
be denied them, or in case it is not available, they lasij require such 
assistance from the citizens. The public official who should unduly 
refuse to give assistance shall incur liability. 

Art. 132. No person having the free administration of his prop- 
erty may be deprived of the right to put an end to his civil cases 
through a compromise or arbitration. 

Art. 133. The same judge shall not act in his official capacity in 
different stages of the same case. 

Art. 134. No power or authority shall order pending suits to be 
moved to its jurisdiction nor reopen cases which have terminated. 

Title XIV. — The Budget. 

Art. 135. The budget shall be voted by Congress according to the 
bill presented by the executive power. 

Art. 136. The bill for the budget shall be presented by the re- 
spective minister, within a fortnight after Congress is convened. 

Art. 137. All expenditures made outside of the law are illegal, and, 
in case of failure to comply with their respective duties, the President, 
the respective minister, the members of the Court of Accounts, and the 
employees who intervened in the matter shall be jointly responsible 
for the amount expended. 

Art. 138. The budget of the ordinary expenditures of the public 
administration shall not exceed the probable receipts estimated b}?' 
the national Congress. 

Title XV. — The Public Treasury. 

Art. 139. The following form the public treasury of the nation. 

1. All its real and movable property. 

2. Any sums to its credit. 

3. The product of the duties, taxes and imposts. 

Art. 140. The executive power shall not enter into contracts of 
importance which may compromise the national treasury without 
the previous publication of the proposal in the official journal and 
the reception of public bids. Contracts which are made for the pur- 
pose of providing for the needs of war, and those which, from their 
nature, can only be entered with certain persons, are excepted. 

Art. 141. In order to fiscalize the administration of the national 
treasury, there will be a Higher Auditorship or Superior Court of 
Accounts whose attributions shall be to examine, approve or disap- 
prove the accounts of those who administer public funds, and to re- 
turn to the executive the orders which are not in accordance with 
the law for the purposes which may be determined by the law. 



HONDURAS. 333 

Art. 142. The members of this Court must be over 21 years of 
age, aud must not be creditors or debtors of the public treasury, nor 
have accounts pending therewith. Their number, organization and 
attributions shall be determined by law. 

Art. 143. There will be a Fiscal General who shall represent the 
interests of tlie public treasury. His attributions shall be determined 
by law. 

Title XVI— The Army. 

Art. 144. The public force is established to insure the rights of the 
nation, tlie compliance with the law and the preservation of public 
order. 

Art. 145. No armed body shall deliberate. Military obedience shall 
be regulated by law and military ordinances. 

Art. 146. Military service is compulsory. Every Honduran from 
21 to 30 3^ears of age is a soldier in the active army, and from 30 to 
40 years of age, in the reserve. The law shall provide for the organi- 
zation of the militia, and shall establish the causes for exemption 
from service. 

Commissioned military officers, after reaching the age of 40 years, 
have the right to resign their commissions and become separated 
from the service. 

Art. 147. Military offenses shall be subject to military jurisdic- 
tion. 

Title XVII. — The Departmental Government.. 

Art. 148. For the public administration the territory of the nation 
is divided into departments, the number and limits of which shall be 
determined by law. In each one of the said departments there shall 
be the officials which the law may determine. 

Art. 149. In the departmental government no one shall be per- 
mitted to exercise at the same time, unless ad interim and for a period 
not to exceed three months, political, military and treasury functions. 

Title XVIII. — The Municipal Government. 

Art. 150. The municipal government is autonomous, and shall be 
vested in municipal corporations directly elected by the people. 

The law shall regulate the organization and attributions of munici- 
pal corporations. The number of their members shall be propor- 
tional to their population. The attributions of municipal corpora- 
tions shall be purely economical and administrative. 

Art, 151. Municipal corporations shall levy, according to law, 
the local taxes, and shall manage the property and funds of the com- 
munity for the benefit of the same, rendering an account of their 



334 CONSTITUTIONS OF THE STATES AT WAR. 

administration to the Court established by law. They shall submit 
anually a detailed report of receipts and expenditures. 

Art. 152. Municipal corporations shall freely appoint their own em- 
ployees, and those police agents whose salaries are to be paid out of 
the municipal funds. 

Akt. 153. In the exercise of their oAvn functions municipal corpo- 
rations shall be wholly independent of the other powers, but in no 
case shall they violate the general laws of the country. They shall 
be responsible before the courts of justice for any acts which they 
may commit collectively or individually. 

Art. 154. Municipal corporations have the power to commute, 
according to law, sentences imposed for misdemeanors. 

Municipal corporations have also the right to take action on mat- 
ters of police, sanitation and public instruction, provided said action 
is not in opposition to the Constitution and general laws. 

Art. 155. No member of the municipal corporations shall be com- 
pelled to accept another position or be called to the military service. 

Title XIX. — The Responsibility oe Public Employees. 

Art. 156. Every employee or public functionary, when entering on 
the discharge of his duties, shall make the following promise : 

I promise to be faithful to the Republic, and to comply and make others com- 
ply with the Constitution and the laws. 

Art. 157. Every public functionary is responsible for his own acts. 

Art. 158. The President of the Republic, deputies, justices of the 
Supreme Court, secretaries of State and diplomatic ministers shall be 
answerable before Congress for the offenses committed by them in 
the exercise of their functions. Congress, after following the course 
of procedure for such cases, determined by its rules, shall declare 
whether or not there are grounds for their indictment, in order to 
place the offender at the disposal of the competent court. The same 
declaration shall be required before instituting proceedings for com- 
mon offenses, against the President of the Republic, the secretaries 
of State and justices of the Supreme Court. 

Art. 159. Notwithstanding the approval which Congress may give 
to the conduct of the executive, the President and secretaries of State 
may be accused for official offenses. If these public officials have re- 
mained in the country, the right to bring such proceedings against 
them shall become prescribed five years after they have ceased in 
their office. 

Art. 160. Public employees who violate any of the rights and guar- 
antees set forth in this Constitution shall be civilly and criminally 
responsible. They may be accused without need of filing a bond 
for libel. They shall not be pardoned nor their sentences commuted 



HONDURAS. 335 

within tb(? constitutional period, nor during the following one. The 
offenses and the penalties which they may be liable for shall not pre- 
scribe until after the said two periods. 

Art. 161. Whenever a public functionary, against whom a declara- 
tion should have been made to the effect that there are grounds for 
his indictment, should be acquitted, he shall be reinstated in the ex- 
ercise of his functions. 

Title XX. — Constitutional Laws. 

Art. 162. The following are constitutional laws: Press laws, laws 
regarding a state of siege, laws granting the right of asylum {aTn- 
2Kiro) and electoral laws. 

Title XXI. — Reforms of the Constitution and Constitutional 

Laws. 

Art. 163. The reforms of this Constitution shall only be effected 
by two thirds of the votes of the representatives in Congress in 
ordinary session setting forth the i-rticle or articles which need re- 
form, and stating whether or not the reform is to be absolute. 

As soon as the reform is decreed, Congress shall convoke a Con- 
stituent Assembly in order that the latter may proceed to reform it ; 
the decree containing the proposed reforms to be contained in the de- 
cree of convocation. 

Art. 164. The Constituent Assembly shall be elected in the same 
manner as Congress, and shall have the same number of representa- 
tives, with the same immunities. 

Art. 165. In no case shall a reform of the articles of the Constitu- 
tion forbidding the reelection of the President or of his substitute, 
and establishing the duration of the presidential term be decreed so 
as to be effective during the current term, or during the following 
term. 

Art. 166. The constitutional laws may be reformed in the same 
manner as the Constitution, or by two ordinary Congresses with two 
thirds of the votes. 

Art. 167. The National Constituent Assembly entrusts this Con- 
stitution, and the rights consecrated therein, to the patriotism of all 
Hondurans. 

Final Article. The present Constitution shall commence to take 
effect on 1 January 1895; the Constitution of 1 November 1880 
being annulled from that date.^ 

1 The signatures of 41 deputies follow. 



ITALY. 

The victorious campaigns of Napoleon in 1796 and 1797 constituted 
the starting-point of a series of political revolutions in Italy which 
ended in the successive annexation of all the parts of Italy to the 
Kingdom of Sardinia and the formation of the Kingdom of Italy 
in 1861. From 1797 to 1849 there were 23 constitutions or statutes in 
force in Italy. Of all of these the Statuto fondamentale of the King- 
dom of Sardinia of 4 March 1848 was the only one to survive and it 
still forms the Constitution of the Kingdom of Italy. This Statute, 
promised by King Charles Albert in a famous proclamation of 18 
February 1848, was published the following month and was put into 
force in the annexed territories by successive decrees.^ Many of the 
provisions of this Statute have fallen into disuse, although not ex- 
pressly repealed. In this number are generally classed Articles 1, 28 
(Paragraph 2), 53, 62 (Paragraph 2), 76, 77 and 80. A Law of 
17 March 1861 conferred on Victor Emmanuel II and his successors 
the title of King of Italy, and a Law of 3 February 1871 transferred 
the capital of the Kingdom to Rome. The position of the Holy See 
is governed by the Law of 13 May 1871, called the " Law of Guar- 
antees," which was declared to be a fundamental law of the Kingdom 
hj the Council of State (2 March 1878). Nevertheless, since the 
Holy See has not ceased to protest against the annexation of the 
Papal States, this law has remained the unilateral work of the 
Italian government.^ 



FUNDAMENTAL STATUTE OF 4 MARCH 1848.=^ 
[Preamble.] 

We, Charles Albert, by the Grace of God, King of Sardinia, Cyprus 
and Jerusalem, Duke of Savoy, Genoa, etc., etc., Prince of Piedmont, 



1 Lomhardy, decree of 7 December 1859 ; Emilia, decree of 18 March 1860 and law of 
1.5 April 1860 ; Tuscany, decree of 22 March and law of 15 April 1860 ; Sicily, Marches. 
Umhria and Neapolitan Provinces, law of 17 December 1860 ; I'rovince of Venice, de- 
cree of 28 July 1866 ; Roman Provinces, decree of 9 October and law of 31 December 
1870. 

- This introductoi"y paragraph is based upon F. R. Daeeste bt P. Dareste, Les Consti- 
tutions modenies (3d edition. Paris, 1910), vol. i, pp. 672-674. 

3 English translation in W. F. Dodd, Modern Constitutions (Chicago, 1909), vol. ii, 
pp. 5-16, and by S. M. Lindsay and L. S. Rowe in the Supplement to the Annals of the 
American Academy of Political and Social Science, Novemberj 1891/ (Philadelphia, 1894). 
French translation in Daueste, op. cit., pp. 674—685. German translation in Paul 
Posener, Die Staatsverfassungen des Erdballs (Charlottenburg. 1909), pp. 642-656. 
The translation given here is based on that In Dodd. 

337 



338 coisrsTiTUTioNS of the states at Vv^AR. 

etc., etc., etc., with the fidelity of a king and the affection of a father, 
are about today to fulfill all that we promised our most beloved sub- 
jects in our proclamation of the eighth of last Februarj^, whereby 
we desired to show, in the midst of the extraordinary events then 
transpiring throughout the country, how much our confidence in our 
subjects increased with the gravity of the situation, and how, con- 
sulting only the impulse of our heart, we had fully determined to 
make their condition conform to the spirit of the times and to the 
interests and dignity of the nation. 

We, believing that the broad and permanent representative institu- 
tions established bj^ this Fundamental Statute are the surest means of 
cementing the bonds of indissoluble affection that bind to our Italian 
crown a people that has so often given us ample proof of their faith- 
fulness, obedience and love, have determined to sanction and promul- 
gate this Statute, in the belief that God will bless our good intentions,, 
and that this free, strong and happy nation will ever show itself more 
deserving of its ancient fame and thus merit a glorious future. 

Therefore, we. with our full knowledge and royal authority and 
with the advice of our Council, have ordained and do hereby ordain 
and declare in force the fundamental perpetual and irrevocable 
Statute and law of the monarchy as follows. 

Article 1. The Catholic, apostolic and Eoman religion is the only 
religion of the State.^ Other cults now^ existing are tolerated, in con- 
formity with the law. 

Art. 2. The State is governed hj a representative monarchical gov- 
ernment. The throne is hereditai-}^ according to the Salic Law.- 

Art. 3. The legislative power shall be exercised collectively by the 
King and two houses, the Senate and the Chamber of Deputies.-' 

Art. 4. The person of the King is sacred and inviolable. 

Art. 5. To the King alone belongs the executive power. He is the 
supreme head of the State; commands all land and naval forces; 
declares war; makes treaties of peace, alliance, commerce and other 
treaties, communicating them to the houses as soon as the interest 
and security of the State permit, accompanying such notice with op- 
portune explanations. Treaties involving financial obligations or 
alterations of the territory of the State shall not take effect until 
after they have received the approval of the houses. 

Art. 6. The King appoints to all of the offices of the State, and 
makes the necessarj^ decrees and regulations for the execution of the 
laws, without suspending their execution or granting exemptions. 

1 See below, the Law of 13 May 1871. The Law of 19 June 1848 reads as follows ; 
" Difference of religion shall entail no distinction as regards the enjoyment of civil and 
political rights and eligibility to civil and military positions." 

3 Law of 2 July 1890 on the status of the royal family. 

8 In case of political necessity, the Italian government frequently takes legislative 
measures by means of law decrees, aad this procedure is considered justified by the 
commentators on this Statute. 



ITAI.Y. 339 

Art. 7. The King alone approves and promulgates the laws. 

Art. 8. The King may grant pardons and commute sentences.^ 

Art. 9. The King convokes the two houses every year. He may 
prorogue their sessions and dissolve the Chamber of Deputies, but in 
the latter case he shall convoke another within a period of. Jour 
months. 

Art. 10. The initiative in legislation shall belong both to the King 
and to each of tlie two houses. All bills, however, levying imposts or 
contributions or approving the* budg-ets or accounts of the State 
shall first be presented to the Chamber of Deputies. 

Art. 11, The King attains his majority upon the completion of his 
18th year. 

Art. 12. During the King's minority, the prince who is his nearest 
relative in the order of succession to the throne, shall be regent of 
the Kingdom, provided he be 21 years of age. 

Art. 13. Should the prince upon whom the regency devolves be 
still in his minority and this duty pass to a more distant relative, 
the regent who actually takes office shall continue in the regency 
until the King becomes of age. 

Art. 14. In the absence of male relatives the regency shall devolve 
upon the Queen Mother. 

Art, 15. In default also of a Queen Mother, the regent shall be 
elected by the legislative houses, convened within 10 days by the 
ministers. 

Art. 16, The preceding provisions with reference to the regency 
are applicable in case the King who has attained his majority is 
physically incapable of reigning. Under such circumstances, if the 
heir presumptive to the throne be 18 years of age, he shall be regent 
of full right. 

Art. 17. The Queen Mother shall be guardian of the King until 
he has completed his 7th year ; from this time his guardianship shall 
pass into the hands of the regent. 

Art. 18. All rights pertaining to the civil power in matters of 
ecclesiastical benefices and in the execution of all regulations what- 
soever coming from foreign countries shall be exercised by the King.^ 

Art. 19. The civil list of the Crown shall remain, during the 
present reign, at an amount equal to the average for the past 10 
years. 

The King shall continue to have the use of the royal palaces, 
villas and gardens and their appurtenances, and also of all chattels 
without distinction pertaining to the Crown, of which a speedy in- 
ventory shall be made by a responsible ministry, 

^ The King also exercises the right of amnesty (Code of Penal Procedure, Art. 830). 

^ The clause, " regulations from foreign countries," refers to papal decrees, ecclesiasti- 
cal ordinances and orders ; at the time of the adoption of this Statute Rome was foreign 
territory. 



340 CONSTITUTIONS OF THE STATES AT WAR. 

In future the above-mentioned civil list shall be fixed for the 
duration of each reign by the first legislature subsequent to the 
King's accession to the throne.^ 

Art. 20. The property which the King now possesses in his own 
right, together with that to which he may hereafter acquire title, 
either for a consideration or gratuitously in the course of his reign, 
-shall form his private patrimony. 

The King may dispose of his private patrimony either by acts 
during his life or by will, without being bound by the provisions of 
the civil law which limit the amount disposable. In all other cases, 
the King's patrimony shall be subject to the laws that govern other 
property. 

Art. 21. The law shall provide an annual civil list for the heredi- 
tary prince when he has attained his majority, and even earlier in case 
of his marriage ; for the allowances to the princes of the royal family 
and of royal blood, under the above-mentioned conditions; for the 
dowries of the princesses and for the dowries of the queens. 

Art. 22. Upon ascending the throne, the King, in the presence of 
the houses, in joint session, shall take the oath to observe faithfully 
the present Statute. 

Art. 23. The regent, before entering on the duties of that office, 
shall take the oath to be faithful to the King and to observe faith- 
iuUy this Statute and the laws of the State. 

The Rights and Duties of Citizens. 

Art. 24. All inhabitants of the Kingdom,^ whatever their rank or 
title, are equal before the law. 

All shall equally enjoy civil and political rights and shall be 
eligible to civil and military office, except as otherwise provided by 
law. 

Art. 25. All shall contribute without distinction to the burdens 
of the State, in proportion to their possessions. 

Art. 26. Individual liberty is guaranteed. 

No one shall be arrested or brought to trial except in the cases 
provided by law and in the forms which it prescribes. 

Art. 27. The domicile is inviolable. No domiciliary search shall 
take place except by virtue of law and in the forms which it prescribes. 

Art. 28. The press shall be free, but the law may suppress abuses 
of this freedom.^ 

1 At present the civil list has been fixed at 16,050,000 lire. 

2 La,w of 17 May 1906 on naturalization. 

^ Edict of 26 March 1848, amended bj' many later laws. 



ITALY. 341 

Nevertheless. Bibles, catechisms, liturgical and prayer books shall 
not be printed without the previous consent of the bishop.^ 

Art. 29. All property, without exception, is inviolable. 

Nevertheless, when the public interest, legally ascertained, re- 
quires it, a person may be bound to give it up, in whole or in part, 
upon payment of a just indemnity in accordance with the law.^ 

Art. 30. No tax shall be levied or collected without the consent 
of the houses and the approval of the King. 

Art. 31. The public debt is guaranteed. 

All obligations of the State to its creditors are inviolable. 

Art. 32. The right to assemble peaceably and without arms is 
recognized, subject, however, to the laws that may regulate its ex- 
ercise in the interest of the public welfare.^ 

This provision is not applicable to meetings in public places or 
places open to the public, which remain entirely subject to police 
laws. 

The Senate. 

Art. 33. The Senate shall be composed of members, appointed "\ 
for life by the King without limit of numbers, who have attained 
the age of 40 years and who have been chosen from the following 
categories of citizens: 

1. Archbishops and bishops of the State. 

2. The president of the Chamber of Deputies. 

3. Deputies after having served in three legislatures, or after 
six years of service. 

4. Ministers of State. 

5. Ministers secretaries of State. 

6. Ambassadors. 

7. Envoys extraordinary, after three years of such service. 

8. The first presidents and presidents of the Courts of Cassa- 
tion and of the Court of Accounts. 

9. The first presidents of the Courts of Appeal. 

10. The attorney general of the Courts of Cassation, and the 
prosecutor general, after five years of service. 

11. The presidents of the chambers of the Courts of Appeals,, 
after three years of service. 

12. The councilors of the Courts of Cassation and of the Court 
of Accounts, after five years of service. 

13. The attorneys general and fiscals general of the Courts of 
Appeal, after five years of service. 

^ The second paragraph of this article has been practically abrogated. 
2 Law of 25 June 1865. 

5 Law of 23 December 1888 on public security, coordinated with the new Penal Code by 
the Decree of 30 June 1889. 



342 coNSTiTUTioisrs or the states at wak. 

14. General officers of the land and naval forces. 

Major generals and rear admirals, however, should have five 
years of active service in that grade. 

15. The councilors of State, after five years of service. 

16. The members of the Councils of Division,^ after three elec- 
tions to their presidency. 

17. The intendants general,^ after seven years of service. 

18. Members of the Royal Academy of Sciences,^ after seven 
years of membership. 

19. Regular members of the Superior Council of Public Instruc- 
tion, after seven years of service. 

20. Those who by their services or eminent merit have done 
honor to their country. 

21. Persons who, for at least three years, have paid direct prop- 
erty or business taxes to the amount of 3,000 lire.* 

Art. 34. The princes of the royal family are, by that very fact, 
members of the Senate. They shall take rank immediately after the 
president. They shall enter the Senate at the age of 21 and have a 
vote at 25. 

Art. 35. The president and vice-presidents of the Senate shall be 
appointed by the King.^ 

The Senate shall chose its own secretaries from among its own 
members. 

Art. 36. The Senate may be constituted a High Court of Justice 
by decree of the King to try crimes of high treason and attempts 
upon the safety of the State, and to try ministers impeached by the 
Chamber of Deputies.*' 

In this case, the Senate is not a political body. It shall not then 
occupy itself with any other judicial matters than those for which 
it was convened, under penalty of nullity. 

Art. 37. No senator shall be arrested except by virtue of an order 
of the Senate, except in case of flagrante delicto. It alone is com- 
petent to judge of the imputed misdemeanors of its members. 

Art. 38. Legal documents as to births, marriages and deaths of 
members of the royal family shall be presented to the Senate and 
deposited by that body among its archives. 

1 At the time of the adoption of this Statute the " Division " in Piedmont corre- 
sponded to the " Province " in modern Italy. The Councils of Division are therefore the 
elective representative bodies of the Provinces, now known as the Provincial Councils. 

2 Now called " prefects." 

8 This provision has been extended to six other academies. 
* In 1916 there were 395 senators and 6 members of the royal family. 
^ Law of 6 June 1889 fixes the term of office. 

" Regulation of 20 December 1900 on the procedure before the Senate constituted as a 
High Court of Justice. 



ITALY. 343 

The Chamber of Deputies. 

Art. 39. The elective house shall be composed of deputies chosen 
by the electoral colleges in conformity with the law.^ 

Art. 40. No deputy shall be admitted to the Chamber who is not a 
subject of the King, 30 years of age, in tlie enjoyment of civil and 
political rights and in the possession of the other qualifications re- 
quired by law.^ 

Art. 41. Deputies represent the nation as a whole, and not the 
several provinces in which they were elected. 

No binding instructions shall be given to them by the electors. 

Art. 42. Deputies are elected for five years; their mandate ceases 
ipso facto at the expiration of this period. . 

Art. 43. The president, vice-presidents and secretaries of the 
Chamber of Deputies are chosen by the Chamber from among its 
own members at the beginning of each ^session, for the entire session. 

Art. 44. If a deputy ceases for any reason to perform his duties, 
the college which elected him shall be called upon at once to proceed 
with a new election. 

Art. 45. During the sessions no deputy shall be arrested, except 
in case of flagrante delicto^ nor be proceeded against in criminal mat- 
ters without the previous consent of the Chamber. 

Aut. 40. No warrant of arrest for debts" shall be executed against 
a deputy during the sessions of the Chamber, nor within a period of 
three weeks preceding or following the same. 

Art. 47. The Chamber of Deputies has the right to impeach min- 
isters of the King and to bring them to trial before the High Court 
of Justice. 

Provisions Common to Both Houses. 

Art. 48. The sessions of the Senate and of the Chamber of Depu- 
ties begin and end at the same time. 

Every meeting of one house at a time when the other is not in 
session is illegal and its acts are entirely void. 

Art. 49. Senators and deputies before being admitted to the ex- 
ercise of their functions take the oath to be faithful to the King, 

1 The election of deputies is now controlled by the Decree of 28 March 1895, which 
is a consolidation of all laws in force passed before that date. Italy is divided into 
508 districts, each of which elects 1 deputy. Voters must possess the followinjf qualiflca- 
tions : (1) Be Italian citizens; (2) have attained the age of 21 years; (rt) be able to 
read and write ; (4) have successfully passed the examinations in the subjects comprised 
in the course of compulsory elementary education. The foui'th qualification is not re- 
quired of officials, .arraduates of colleges, professional men, of those who pay an annual 
direct tax of not less than 19.80 lire, of those who pay an agricultural rental of 500 lire, 
of those who pay house rent of from 150 to 400 lire according to the population of the 
commune in which they live, of those who have served 2 years in the army, and of cer- 
tain other less important clas-ses. The Electoral I^aw received slight modifications by the 
Laws of 5 December 1897, 7 April 1898 and 19 May 1901. 

- Parliamentary incompatibilities are governed by the Laiw of 5 July 1887. 

' The Mancini Law of 6 December 1877 has done away with personal arrest for debts. 



344 coNSTiTUTioisrs of the states at war. 

to observe faithfully the Statute and the laws of the State and to 
perform their functions with the inseparable welfare of King and 
country as the sole end in view.^ 

Art. 50. The office of senator or deputy shall not carry with it 
any compensation or indemnity.^ 

Art. 51. Senators and deputies shall not be called to account for 
opinions expressed or votes given in the houses. 

Art. 52. The sessions of the houses are public. 

Nevertheless, upon the written request of 10 members secret ses- 
sions may be held. 

Art. 53. Sessions and deliberations of the houses are not legal 
or valid if an absolute majority of their members is not present. 

Art. 54. Action on any question shall be taken only by a majority 
of the votes cast. 

Art. 55. All bills shall first be submitted for preliminary examina- 
tion to committees elected by each house. Any proposition discussed 
and approved by one house shall be transmitted to the other for its 
consideration and approval; and then it shall be presented to the 
King for his approval. 

Bills shall be discussed article by article. 

Art. 56. Any bill rejected by one of the three legislative powers 
shall not again be introduced during the same session. 

Art. 57. Every person who has attained his majority has the 
right to send petitions to the houses, which shall order them to be 
examined by a committee and, on report of the committee, shall 
decide whether such petitions are to be taken into consideration; in 
case of an affirmative decision they shall be referred to the competent 
minister or deposited in the offices ^ for action at the proper time. 

Art. 58. No petition may be presented in person to either house. 

Legally organized bodies alone shall have the right to petition 
under a collective name. 

Art. 59. The houses shall not receive any deputation, nor give 
hearing to others than their own members, ministers, and commis- 
sioners of the government. 

Art. 60. Each house shall be the sole judge of the qualifications 
and elections of its own members. 

Art. 61. The Senate and the Chamber of Deputies shall make 
their own rules and regulations respecting their methods of pro- 
cedure in the performance of their respective duties.* 

1 Law of 30 December 1882 on the political oath. 

2 Senators and deputies receive free passage on the railroads (Decree of 26 December 
1861). 

3 The Chamber of Deputies is divided into 9 sections (ufflzi), among which legislative 
business is divided by the president of the Chamber. 

*The Internal Regulations of the Senate bear the date of 17 April 1883 (amended in 
1900 and 1902) ; those of the Chamber of Deputies are of 1 July 1900 (amended in 1901 
and 1904). 



ITALY. 345 

Art. 62. The Italian language is the official language of the houses. 
The use of French shall, however, be permitted to the members 
coming from districts where French is used, and in replying to 
tlieni.^ 

Art. 63. Votes shall be taken by rising and sitting, by division, 
or by secret ballot. 

Tlie latter method, however, shall always be employed for the final 
vote on a law and in all cases of a personal character. 

Art, 64. No one shall at the same time be senator and deputy. 

The Ministers. 

Art. 65. The King appoints and dismisses his ministers,^ 

Art. 66. The ministers have no vote in either house unless they are 
members thereof. 

They shall have entrance to both houses and shall be heard upon 
request.^ 

Art. 67. The ministers are responsible. 

Laws and governmental acts shall not take effect until they shall 
have received the signature of a minister. 

The Judiciary. 

Art. 68. Justice emanates from the King and shall be administered 
in his name b}'^ the judges whom he appoints. 

Art. 69. Judges appointed by the King, except cantonal judges, 
shall be irremovable after three years of service.^ 

Art. To. Courts, tribunals and judges shall be retained as at pres- 
ent existing. No modification shall be introduced except by law.* 

Art. 71. No one shall be withdrawn from his ordinary legal juris- 
diction. 

It shall, therefore, not be lawful to create extraordinary tribunals 
or commissions.^ 

* This clause applied principally to Savoy and Nice, which became a part of France by 
the terms of the Treaty of- 24 March 1860. 

- Decree of 25 August 1876 on the attributions of the Council of Ministers. Law of 
12 February 1888 reorganizing the central aclnuni';tration of the State and providing 
under-secretaries of State for each ministry. Law of 3 May 1888 on the reelection of 
ministers and undersecretaries of State. Law of 8 April 1906 determining the composi- 
tion of the staffs of the president of the Council, of the ministers and of the under- 
secretaries of State. 

3 Two decrees, dated 10 October 1907, instituted a Superior Council on the Magistracy 
and fixed the method of promotion of judicial personnel. Law of 14 July 1907 on the 
guarantees and discipline of the magistracy. 

•* The Law on the Organization of the Judiciary dates from 6 December 1865 (amended 
by the Laws of 18 July 1904 and 14 July 1907). Organic Law of 8 June 1874 on 
the jury and the Court of Assizes. Organic Law of 14 August 1862 on the Court of 
Accounts. 

5 The Code of Penal Procedure, however, in Article 766 provides that, in case of rea- 
sonable suspicion, or on the grounds of public safety, a person may be removed for trial 
from the regularly constituted jurisdiction. 

88381—19 23 



346 CONSTITUTIONS or THE STATES AT WAR. 

Art. 72. The proceedings of courts in civil cases and the hearings 
in criminal cases shall be public, as provided by law. 

Art. 73, The interpretation of the laws, in the form obligatory 
upon all citizens, belongs exclusively to the legislative power. 

General Provisions. 

Art. 74. Communal and provincial institutions and the boundaries 
of the communes and provinces shall be regulated by law.^ 

Art. 75. Military conscriptions shall be regulated by law.^ 

Art. 76. A communal militia shall be established upon a basis fixed 
by law.^ 

Art. 77. The State retains its flag, and the blue cockade is the 
only national one.* 

Art. 78. The knightly orders now in existence shall be maintained 
with their endowments, which shall not be used for other purposes 
than those specified in the acts by which they were established. 

The King may create other orders and prescribe their constitutions. 

Art. 79. Titles of nobility shall be borne by those who have a right 
to them. The King may confer new titles. 

Art. 80. No one may receive decorations, titles or pensions from a 
foreign pow.er without the authorization of the King. 

Art. 81. All laws contrary to the present Statute are abrogated. 

Transitory Provisions. 

Art. 82. This Statute shall go into effect on the day of the first 
meeting of the two houses, which shall take place immediately after 
the elections. Until that time urgent public service shall be provided 
for by royal ordinances according to the mode and form now in 
vogue, excepting, however, the authentications and registrations in 
the courts which are from now on abolished. 

Art. 83. In the execution of this Statute the King reserves to him- 
self the right to make the laws for the press, elections, communal 
militia and the reorganization of the Council of State. 

Until the publication of the laws for the press, the regulations now 
in force on this subject shall remain valid. 

Art. 84. The ministers are entrusted with and are responsible for 
the execution and full observance of these transitory provisions. 

^ All of the laws relating to provincial and communal organizations were codified first 
by the Decree of 10 February 1889, secondly by the Decree of 4 May 1898 and thirdly 
by the Decree of 21 May 1908. The Kingdom is divided into provinces, circondari, 
mandamenti, and communes, and the system of provincial and communal government is 
to a large extent copied from Prance. 

2 The laws on the organization of the army were codified by the Decree of 14 July 
1898 (amended by the Laws of 7 July 1901 and 24 December 1908). 

2 The national guard has been suppressed. 

* The Italian tricolor of green, white and red was adopted by the Proclamation of 23 
March 1848 — an act regarded as legal, because the Statute was not in force according to 
the terms of Article 82. 



ITALY. 347 

LAW OF GUARANTEES OF 13 MAY 1871.^ 

Law on the Prerogatives or the Supreme Pontiff and or the 
Holy See and on the Kelations of the State with the Church. 

TITLE I. — prerogatives OF THE SUPREME PONTIFF AND OF THE HOLY SEE. 

Article 1. The person of the Supreme Pontiff is sacred and in- 
violable. 

Art. 2. Any attempt against the person of the Supreme Pontiff 
and the provocation to commit such an attempt shall be punished 
with the same penalty as similar offenses against the person of the 
King. 

Public offenses and insults committed directly against the person 
of the Supreme l^ontiff, by speech, by act or by the means indicated 
in Article 1 of the Law on the Press shall be punished with the 
penalty fixed by Article 19 of the said law. 

The crimes above mentioned shall be proceeded against by the 
public prosecutor and tried by the Courts of Assizes. 

The discussion of religious matters shall be entirely free. 

Art. 3. The Italian Government grants to the Supreme Pontiff, 
within the Kingdom, sovereign honors, and guarantees to him the 
preeminence customarily accorded to him by Catholic sovereigns. 

The Supreme Pontiff may maintain the usual number of guards for 
his person and for the custody of the palaces, without prejudice to 
the obligations and duties of such guards, according to the laws in 
force in the Kingdom. 

Art. 4. The dotation of an annual income of 3,225,000 lire is re- 
ijerved for the Holy See. 

With this sum, equal to that of the Roman budget for " holy apos- 
tolic palaces, sacred college, ecclesiastical congregations, secretary of 
state and diplomatic corps abroad," it is intended to provide for the 
Supreme Pontiff and for the various ecclesiastical needs of the Holy 
See, for the ordinary and extraordinary maintenance and custody of 
the apostolic palaces and their annexes, for the compensation and 
pensions of the guards mentioned in the preceding article and of the 
attaches of the pontifical court, and for casual expenses; as well as for 
the regular maintenance and custody of the museums and library at- 
tached to the apostolic palaces, and for the compensation and pensions 
of their employees. 

This d'otation shall be entered in the great book of the public debt 
as a perpetual and inalienable income in the name of the Holy See, 
and during the vacancy of the See, it shall continue to be paid to 
supply all the needs of the Roman Church during such interval. 

1^ English translation in Dodd, oj). cit., pp. 16—21, and in the British and Foreign State 
Papers, G5 : pp. 638-642. French translation in Dabeste. ov- cit., pp. 685-690. 



348 CONSTITUTIOlSrS OF THE STATES AT WAK. 

It shall remain exempt from every form of State, provincial or 
communal taxation or other burden, and shall not be diminished 
even in case the Italian government should later decide to assume 
the expenses of the museums and of the library. 

Aet. 6. Besides the dotation mentioned in the preceding article the 
Supreme Pontiff shall have the use of the apostolic Vatican and 
Lateran palaces with all buildings, gardens and lands appertaining 
thereto, and also the villa of Castel Gandolfo with all its appurte- 
nances. 

These palaces, the villa and its annexes, as well as the museums, 
the library and the collections of art and of archaeology connected 
therewith, are inalienable and are exempt from all taxation or 
charges and from seizure for a public purpose. 

Art. 6. During the vacancy of the pontifical chair no judicial or 
political authority shall for any reason hinder or limit the personal 
liberty of cardinals. 

The government shall see to it that assemblies of conclave and of 
ecumenical councils are not disturbed by external violence. 

Art. T. No public official or agent of the public force in the per- 
formance of the duties of his office shall enter the places or palaces 
which are the permanent or temporary residence of the Supreme 
Pontiff, or in which a conclave or ecumenical council is in session, 
without the authorization of the Pope, conclave or council. 

Art. 8. Papers, documents, books or registers deposited in pontifi- 
cal offices or congregations, invested with a purely spiritual char- 
acter, shall be free from the legal processes of visit, search or 
sequestration. 

Art. 9. The Supreme Pontiff shall be entirely free to fulfill all the 
functions of his spiritual ministry, and to this end may affix to the 
doors of basilicas and churches of Eome notices relating to such 
ministry. 

Art. 10. Ecclesiastics at Rome who officially take part in the 
promulgation of acts pertaining to the spiritual ministrj^ of the 
Holy See shall not on this account be subjected to any examination^ 
investigation or control by the civil authorities. 

Every foreigner invested with ecclesiastical office at Rome shall 
enjoy all the personal guarantees competent to Italian citizens, in ac- 
cordance with the laws of the Kingdom. 

Art. 11. Envoys of foreign governments to the Holy See shall be 
entitled within the Kingdom to all the prerogatives and immunities 
accorded to other diplomatic agents, according to the usages of in- 
ternational law. 

All offenses against them shall be subject to the same penalties as 
are provided for offenses against envoys of foreign powers to the 
Italian government. 



ITALY. 349 

Envoys of the Holy See to foreign governments shall, within the 
territory of the Kingdom, be entitled to privileges and immunities 
of the same character while going to or returning from their mission. 

Art. 12. The Supreme Pontiff corresponds freely with the episco- 
pacy and with the whole Catholic world, without any interference 
from the Italian government. 

To tliis end he shall have the right to establish his own postal and 
telegraph offices at the Vatican or at any of his other residences, 
served by employees chosen by himself. 

The pontifical post office may transmit sealed packages of cor- 
respondence directly to foreign offices, or may send them through 
the Italian offices. In either case, transmission of dispatches or cor- 
respondence bearing the papal stamp shall be exempt from all taxa- 
tion or charges within Italian territory. 

Couriers sent out in the name of the Supreme Pontiff are, within 
the Kingdom, placed on an equal footing with couriers of foreign 
governments. 

The pontifical telegraph office shall be connected with the tele- 
graphic system of the State at the expense of the State. 

Telegrams sent by the pontifical office with pontifical authentication 
shall be received and transmitted within the Kingdom in the same 
manner as telegrams of State and without charge. 

Telegrams of the Supreme Pontiff or sent by his order, which bear 
the papal stamp, shall enjoy the same privileges if presented to any 
telegraph office of the Kingdom. 

Telegrams addressed to the Supreme Pontiff shall be exempt from 
the tax imposed upon those who receive telegrams. 

Art. 13. Within the city of Bome and within the six suburbicarian 
sees, the seminaries, academies, colleges and other Catholic institutions 
founded for the education and training of ecclesiastics shall continue 
under the sole control of the Holy See, without any interference from 
the educational authorities of the Kingdom. 

TITLE II. RELATIONS OF THE STATE WITH THE CHURCH. 

Art. 14. Every special restriction upon the exercise of the right of 
members of the Catholic clergy to assemble is abolished. 

Art. 1.5. The government renounces the right to an apostolic lega- 
tion in Sicily, and to appointment or nomination in the presentation 
of the major benefices throughout the Kingdom. 

Bishops shall not be required to swear fidelity to the King. 

Major and minor benefices may be conferred only upon Italian 
citizens, except in the city of Eome and in the suburbicarian sees. 

Nothing is changed with respect to the presentation of benefices of 
royal patronage. 



350 CONSTITUTIONS OF THE STATES AT WAK. 

Aet. 16. The exequatur and royal placet and all other forms of 
government authorization for the publication or execution of eccle- 
siastical acts are abolished. 

But, until otherwise provided by a special law mentioned in Article 
18, such exequatur and royal placet shall be required for acts dis- 
posing of ecclesiastical property and for appointments to major and 
minor benefices, except those in the city of Rome and in the suburbi- 
carian sees.^ 

The provisions of the civil laws relating to the creation and manage- 
ment of ecclesiastical institutions, and to the sale of their property, 
remain unchanged. 

Aet. it. In spiritual and disciplinary matters there shall be no 
claim or appeal against decisions of ecclesiastical authorities, nor 
shall such decisions be recognized or executed by the civil authorities. 

The determination of the legal effects of such decisions and of 
other acts of the ecclesiastical authority shall belong to the civil 
authorities. 

If, however, such acts are contrary to the laws of the State or op- 
posed to public order, or encroach upon the rights of individuals, they 
shall be of no effect and, if they constitute offenses, shall be subject to 
the criminal laws. 

Aet, 18. A future law shall provide for the reorganization, preser- 
vation and administration of the ecclesiastical property within the 
Kingdom.^ 

Aet. 19. In all the matters which form the object of the present 
law, regulations now in force contrary to this law are repealed. 

^ Decree of 25 June 1871 containing provisions for the exequatur and the royal placet. 
* See the Law of 19 June 1873 on the suppression of religious corporations in Rome, etc. 



JAPAN. 

In 1867 the Sliogun, until then the real ruler of Japan, surrendered 
his powers to the Emperor. The disappearance of the Shogunate 
weakened the feudal system, which was, however, made the basis of 
the first representative organization. In February, 1868, a superior 
council and seven ministerial departments were organized; a delib- 
erative assembly was convened, its members to be composed of dele- 
gates appointed by the feudal chiefs. In the same year the Emperor 
took ijn oath that " the system of a deliberative assembly should be 
adopted and that all measures should be taken in conformity with 
public opinion." The organization of government upon a feudal 
basis proved unsatisfactory; the deliberative assembly was abolished 
in 1870, and the feudal regime itself was suppressed in 1871. 

An agitation in favor of national representative institutions began 
in 1874, but those in charge of the government considered such a 
step premature; in 1878 representative provincial councils were 
created. Beginning in 1880 a vigorous political propaganda was 
conducted in favor of the establishment of a representative assembly ; 
an imperial edict of 12 October 1881 announced that the first Im- 
perial Diet would be convened in 1890. 

Between 1881 and 1889 important reforms were made in the 
organization of the government. The Constitution was promulgated 
on 11 February 1889, and at the same time were issued the Imperial 
House Law, the Imperial Ordinance concerning the House of Peers, 
the Law of the Houses, the Electoral Law for members of the House 
of Representatives, and the Law of Finance. The first Diet was 
formally opened on 29 November 1890.^ 



CONSTITUTION OF 11 FEBEUARY 1889.^ 
Chapter I. — The Emperor. 

Article 1. The Empire of Japan ^ shall be reigned over and gov- 
erned by a line of Emperors unbroken for ages eternal. 

'■ These introductory paragraphs are reprinted from W. F. Dodd, Modern Constitutions 
(Chicago, 1909), vol. ii, p. 23. There is also a very good account in F. R. Dareste et 
P. Dakeste, Les Constitutions modemcs (3d edition, Paris, 1910), vol. ii, pp. 686-687. 

- The translation given here is reprinted from Dono, op. oit., pp. 24-33, and was 
adopted by him almost without change from the official English translation issued from 
Tokyo in 1889 ; the difficulty of obtaining revision makes it necessary to give this 
Constitution in the untechnical language in which it here appears. English translation 
also in the British and Foreifjn iState Papers, 81 : pp. 289-295. French translation In 
DarestEj op. cit., pp. 687-696. German translation in Paul Posener, Die Slaatsver- 
fassungen des ErdbaUs (Charlottenburg, 1909), pp. 924-933. 

^ The island of Hokushu and the Nansei Islands have no representatives in the Imperial 
Diet. 

351 



352 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 2. The imperial throne shall be succeeded to by imperial 
male descendants, according to the provisions of the Imperial House 
Law.^ 

Art. 3. The Emperor is sacred and inviolable. 

Art. 4. The Emperor is the head of the Empire, combining in him- 
self the rights of sovereignty, and exercises them, according to the 
provisions of the present Constitution. 

Art. 5. The Emperor exercises the legislative power with the con- 
sent of the Imperial Diet. 

Art. 6. The Emperor gives sanction to laws and orders them to be 
promulgated ^ and executed. 

Art. 7. The Emperor convokes the Imperial Diet, opens, closes 
and prorogues it, and dissolves the House of Eepresentatives. 

Art. 8. The Emperor, in consequence of an urgent necessity to 
maintain public safety or to avert public calamities, issues, when the 
Imperial Diet is not sitting, imperial ordinances in the place of laws. 

Such imperial ordinances are to be laid before the Imperial Diet 
at its next session, and w^hen the Diet does not approve the said 
ordinances, the government shall declare them to be invalid for the 
future. 

Art. 9. The Emperor issues, or causes to.be issued, tiie ordinances " 
necessary for the carrying out of the laws, or for the maintenance of 
the public peace and order, and for the promotion of the welfare of 
the subjects. But no ordinance shall in any way alter any of the 
existing laws. 

Art. 10. The Emperor determines the organization of the different 
branches of the administration, and the salaries of all civil and 
military officers, and appoints and dismisses the same. Exceptions 
especially provided for in the present Constitution or in other laws 
shall be in accordance with the respective provisions (bearing 
thereon). 

Art. 11. The Emperor has the supreme command of the army and 
navy. 

Art. 12. The Emperor determines the organization and peace 
standing of the army and navy. 

Art. 13. The Emperor declares war, makes peace and concludes 
treaties. 

Art. 14. The Emperor proclaims a state of siege. 

The conditions and effects of a state of siege shall be determined 
by law. 

1 By the Imperial House Law of 11 February 1889 (62 articles), the succession Is In 
the mnle descendants of the Emperor, in accordance with the law of primogeniture ; 
when the Emperor has no descendants, the crown goes to the male relative of the nearest 
collateral male line. English translation of this law in the British and Foreign State 
Papers, 81 : pp. 295-301. 

- Ordinances of 1881 and 1886 govern the forms of promulgation. 

^A law of 1889 authorizes the Emperor to sanction his ordinances with a penalty. 



JAPAN. 353 

Art, 15. The Emperor confers titles of nobility, rank, orders and 
other marks of honor. 

Art. 16. The Emperor orders amnesty, pardon, commutatioii of 
punishment and rehabilitation. 

Art. it. A regency shall be instituted in conformity with the pro- 
visions of the liii])erial House Law. 

The regent shall exercise the powers appertaining to the Emperor, 
in his name. 

Chapter II. — Rights and Duties of Subjects. 

Art. 18. The conditions necessary for being a Japanese subject 
sliall be determined by law.^ 

Art. 19. Japanese subjects may, according to qualifications de- 
termined in laws or ordinances, be appointed to civil or military 
offices equally, and may fill any other public offices. 

Art. 20. Japanese subjects are amenable to service in the army or 
navy, according to the provisions of law. 

Art. 21. Japanese subjects are amenable to the duty of paying 
taxes, according to the provisions of law. 

Art. 22. Japanese subjects shall have the liberty of abode and of 
changing the same within the limits of law. 

Art. 23. No Japanese subject shall be arrested, detained, tried or 
punished, unless according to law.^ 

Art. 24. No Japanese subject shall be deprived of his right of 
being tried by the judges determined by law. 

Art. 25. Except in the cases provided for in the law, the house of 
no Japanese subject shall be entered or searched without his consent. 

Art. 26. Except in the cases mentioned in the law, the secrecy of 
the letters of every Japanese subject shall remain inviolable. 

Art. 27. The right of property of every Japanese subject shall 
remain inviolable. 

Measures necessary to be taken for the public benefit shall be pro- 
vided by law.^ 

Art. 28. Japanese subjects shall, within limits not prejudicial to 
peace and order, and not antagonistic to their duties as subjects, 
enjoy freedom of religious belief. 

Art. 29. Japanese subjects shall, within the limits of law, enjoy 
the liberty of speech, writing, publication,* public meeting and 
association.^ 

1 Law of 1899 on nationality. 

- Code of Penal Procedure of 1S.S7. 

" Law of ISSO on expropriation for the public benefit. 

* Law of 1893 on the press gave way to a new law in 1909. 

* Law of 1893 on freedom of assembly and association. 



354 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 30. Japanese subjects may present petitions, by observing the 
proper forms of respect and by complying with the rules specially 
provided for the same. 

Art. 31. The provisions in the present chapter shall not affect the 
exercise of the powers appertaining to the Emperor, in times of war 
or in cases of national emergency. 

Art. 32. Each and every one of the provisions contained in the pre- 
ceding articles of the present chapter, that are not in conflict with 
the laws or the rules and discipline of the army and navy, shall apply 
to the officers and men of the army and navy. 

Chapter III. — The Imperial Diet. 

Art. 33. The Imperial Diet shall consist of two houses, a House of 
A Peers and a House of Eepresentatives.^ 

Art. 34. The House of Peers shall, in accordance with the Ordi- 
nance concerning the House of Peers,^ be composed of the members 
of the imperial family, of the orders of nobility, and of those persons 
who have been nominated thereto by the Emperor. 

Art. 35. The House of Representatives shall be composed of mem- 
bers elected by the people, according to the provisions of the electoral 
law.^ 

1 The internal organization of the two houses is regulated by the Law of the Houses 
of 11 February 1889 (see below, Article 51). The president and vice-president of the 
House of Peers are nominated by the Emperor from among the members, and the presi- 
dent and vice-president of the House of Representatives are nominated by the Emperor 
from among three candidates, elected by the House. The presidents of both houses receive 
an annual salary of 5,000 yen ; vice-presidents, 3,000 yen ; elected and nominated 
members of the House of Peers and members of the House of Representatives, 2,000 yen, 
besides traveling expenses. 

2 By the Imperial Ordinance of 11 February 1889 (13 articles) concerning the House 
of Peers, the latter is composed of a. male members of the Imperial family of full age ; 
b. princes and marquises of the age of 25 and upwards ; c. counts, viiicounts and barons 
of the age of 25 and upwards, who have been elected by the members of their respective 
orders, never to exceed one fifth of each order ; d. persons above the age of 30 years, 
who have been nominated members by the Emperor for meritorious services to the 
State or for erudition ; e. persons who shall have been elected in each city (Fu) and 
prefecture (Ken) from among and by the 15 male inhabitants thereof, above the age of 
30 years, paying therein the highest amount of direct national taxes on land, industry 
or trade, and have been nominated by the Emperor. The term of membership under 
c'and e is seven years ; under a^ 6 and d, for life. The number of members under d and 
e must not exceed the number of other members. In 1917, the total number of peers was 
364 (see TJie Statesman's Year-hook, 1917, p. 1058). English translation of this law m 
DoDDj op. c4t., pp. 33-35. 

3 The Electoral Law of 11 February 1889 was amended in 1900 and 1908. The mem- 
bers of the House number 379, a fixed number being returned from each electoral dis- 
trict. The proportion of the number of members to the population is one to about 
136,522. Voting is by secret single ballot. The right to vote is enjoyed by male sub- 
jects of not less than full 25 years of age, who have been permanent and actual residents 
in the electoral district for not less than a year and who pay land tax to the amount of 
not less than 10 yen (about $5) in a year for more than one year, or direct taxes other 
than land tax to the amount of not less than 10 yen in a year for more than two years 
or of land tax together with other direct national taxes to the amount of not less than 
10 yen in a year for more than two years. In general, male subjects of not less than 30' 
years of age are eligible to the House, without any qualification arising from payment 
of taxes. Disqualified for membership are the imperial household officials, priests,, 
students, teachers of elementary schools, government contractors and election officials. 



JAP AX, 355 

Art. 36. No one shall at one and the same time be a member of both 
houses. 

Art. 37. Every law requires the consent of the Imperial Diet. 

Art. 38. Both houses shall vote upon projects of law submitted to 
them by the government, and may respectively initiate projects of 
law. 

Art. 39. A bill, which has been rejected by either the one or the 
other of the two houses, shall not be again brought in during the same 
session. 

Art. 40. Both houses may make representations to the government 
as to laws or upon any other subject. When, however, such repre- 
sentations are not accepted, they can not be made a second time during 
the same session. 

Art. 41. The Imperial Diet shall be convoked every year. 

Art. 42. A session of the Imperial Diet shall last during three 
months. In case of necessity, the duration of a session may be pro- 
longed by imperial order. 

Art. 43. When urgent necessity arises, an extraordinary session 
may be convoked, in addition to the ordinary one. 

The duration of an extraordinary session shall be determined by 
imperial order. 

Art. 44. The opening, closing, prolongation of session, or proroga- 
tion of thp Imperial Diet shall be effected simultaneously for both 
houses. 

In case the House of Representatives has been ordered to dissolve, 
the House of Peers shall at the same time be prorogued. 

Art. 45. When the House of Representatives has been ordered to 
dissoh'e, members shall be caused by imperial order to be newly elected 
and the new House shall be convoked within five months from the day 
of dissolution. 

Art. 46. No debate shall be opened and no vote shall be taken in 
either house of the Imperial Diet, unless not less than one third of 
the whole number of the members thereof is present. 

Art. 47. Votes shall be taken in both houses by absolute majority. 
In the case of a tie, the president shall have the casting vote. 

Art. 48. The deliberations of both houses shall be held in public. 
The deliberations may, however, upon demand of the government 
or by resolution of the house, be held in secret sitting. 

Art. 49. Both houses of the Imperial Diet may respectively pre- 
sent adresses to the Emperor. 

Aft. 50. Both houses may receive petitions presented by subjects. 

Art. 51. Both houses may enact, besides what is provided for in 
the present Constitution and in the Law of the Houses, rules neces- 
sary for the management of their internal affairs. 



-356 CONSTITUTIONS OF THE STATES AT WAR. 

Ar.T. 52. No member of either house shall be held responsible out- 
side the respective houses, for any opinion uttered or for any voto 
^iven in the house. When, however, a member himself has given 
publicity to his opinions by public speech, by documents in print or 
in writing, or by any other similar means, he shall, in the matter, 
be amenable to the general law. 

Art. 53. The members of both houses shall, during the session, be 
free from arrest, unless with the consent of the house, except in 
cases where taken in flagrante delicto^ or of offenses connected with a 
state of internal commotion or with a foreign trouble. 

Art. 54. The ministers of State and the delegates of the govern- 
ment may, at any time, take seats and speak in either house. 

Chapter IV. — The Ministers of State and the Privy Council. 

Art. 55. The respective ministers of State ^ shall give their advice 
to the Emperor, and be responsible for it. 

All laws, imperial ordinances and imperial rescripts of whatever 
kind, that relate to the affairs of State, require the countersignature 
of a minister of State. 

Art. 56. The Privy Council shall, in accordance with the provi- 
sions for the organization of the Privy Council, deliberate upon im- 
portant matters of State, when they have been consulted hj the Em- 
peror. 

Chapter V. — The Judicial Power. 

Art. 57. The judicial power shall be iexercised by the courts ol 
law according to law, in the name of the Emperor. 

The organization of the courts of law shall be determined by law.^ 

Art. 58. The judges shall be appointed from among those who 
possess proper qualifications according to law. 

No judge shall be deprived of his position, unless by way of crimi- 
nal sentence or disciplinary punishment. 

Rules for disciplinary punishment shall be determined by law. 

Art. 59. Trials and judgments of a court shall be conducted pub- 
licly. When, however, there exists any fear that such publicity ma}, 
be prejudicial to peace and order, or to the maintenance of public 
morality, the public trial may be suspended by provision of law or 
by the decision of the court. 



1 The Council of Ministers in its present form dates from 1885, but its organization is 
governed by an ordinance of 1889. The Council is composed of 10 ministers • 

1. Prime Minister. 6. Minister of Jlarinc. 

2. Minister of Foreign Affairs. 7. Minister of Justice. 

3. Minister of the Interior. 8. Minister of Instruction. 

4. Minister of Finances. 9. Minister of Agriculture and Commerce. 

5. Minister of War. 10. Minister of Communications. 

* The institution of the Court of Cassation dates from 1875. A law of 1891 governs the 
organization of the courts. The jury system does not exist In Japan. 



JAPAN. 357 

Art. 60. All matters that fall within the competency of special 
(ribunals shall be specially provided for by law. 

Art. 61. No suit which relates to rights alleged to have hern in- 
fringed by the illegal measures of the executive authorities, and 
which should come within the competency of the Court of Adminis- 
trative Litigation, specially established by law/ shall be taken cogni- 
zance of by a court of laAv. 

Chapter VI. — Finance.- 

Art. 62. The imposition of a new tax or the modification of the 
rates (of an existing one) shall be determined by law. 

However, all such administrative fees or other revenue having the 
nature of compensation shall not fall within the category of the 
above clause. 

The raising of national loans and the contracting of other liabili- 
ties to the charge of the national treasury, except those that are pro- 
vided in the budget, shall require the consent of the Imperial Diet. 

Art. 63. The taxes levied at present shall, in so far as they are not 
remodeled by a new law, be collected according to the old system. 

Art. 64. The expenditure and revenue of the State require the con- 
sent of the Imperial Diet by means of an annual budget. 

Any and all expenditures exceeding the appropriations set forth 
in the titles and paragraphs of the budget, or that are not provided 
for in the budget, shall subsequently require the appropriation of the 
Imperial Diet. 

Art. 65. The budget shall be first laid before the House of Repre- 
sentatives. 

Art. 66. The expenditures of the Imperial House shall be defrayed 
every year out of the national treasury, according to the present fixed 
amount for the same, and shall not require the consent thereto of the 
Imperial Diet, except in case an increase thereof is found necessary. 

Art. 67. Those expenditures already fixed and based upon tho 
powers belonging to the Emperor by the Constitution, and such ex- 
penditures as may have arisen by the effect of law, or that relate to 
the legal obligations of the government, shall neither be rejected nor 
reduced by the Imperial Diet, without the concurrence of the govern- 
ment. 

Art. 68. In order to meet special requirements, the government 
may ask the consent of the Imperial Diet to a certain amount as a 
continuing expenditure fund, for a previously fixed number of years. 

Art. 69. In order to supply deficiencies, which are unavoidable, in 
the budget, and to meet requirements unprovided for in the same, a 
reserve fund shall be provided in the budget. 

^ This law was promulgated in 1890. 

= The Law of 11 February 18S9 on finances (33 articles), which governs budgetary 
questions, was completed by a law of 1890. 



358 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 70. When the Imperial Diet can not be convoked, owing to 
the external or internal condition of the country, in case of urgent 
need for the maintenance of public safety the government may enact 
all necessary financial measures, by means of an imperial ordinance. 

In the case mentioned in the preceding clause, the matter shall 
be submitted to the Imperial Diet at its next session, and its appro- 
bation shall be obtained thereto. 

Art. 71. When the Imperial Diet has not voted on the budget, or 
when the budget has not been brought into actual existence, the 
government shall carry out the budget of the preceding year. 

Art. 72. The final account of the expenditures and revenue of the 
State shall be verified and confirmed by the Board of Audit, and it 
shall be submitted by the government to the Imperial Diet, together 
with the report of verification of the said board. 

The organization and competency of the Board of Audit shall be 
determined by a special law.^ 

Chapter VII. — SuppLEMENTARr RuiiES. 

Art, 73. When it may become necessary in future to amend the 
provisions of the present Constitution, a project to that effect shall 
be submitted to the Imperial Diet by imperial order. 

In the above case, neither House shall open the debate, unless not 
less than two thirds of the whole number of members are present, 
and no amendment shall be passed, unless a majority of not less than 
two thirds of the members present is obtained. 

Art. 74. ISTo modification of the Imperial House Law shall be re- 
quired to be submitted to the deliberation of the Imperial Diet, 

No provision of the present Constitution can be modified by the 
Imperial House Law. 

Art. 75. No modification shall be introduced into the Constitution, 
or into the Imperial House Law, during the time of a regency. 

Art. 76. Existing legal enactments, such as laws, regulations, or- 
dinances, or by whatever names they may be called, shall, so far as 
they do not conflict with the present Constitution, continue in force. 

All existing contracts or orders, that entail obligations upon the 
government, and that are connected with expenditure, shall come 
within the scope of Article 67, 

1 r.aw of 1880. 



LIBERIA. 

The Republic of Liberia had an American origin. It is composed 
almost exclusively of negroes whom different colonization societies 
have directed to certain points on the Ivory Coast since 1822. These 
colonies, situated beside each other, formed a union in 1837 (Com- 
monwealth of Liberia) under Thomas Buchanan, its first governor. 
But it was not until ten years later that a convention actually met 
to solemnly proclaim the independence of the new State and give it 
a Constitution. This Constitution modeled after that of the United 
iStates of xVmerica bears the date of 26 July 1847 and it was ratified 
by the people in the following September. At the biennial election 
held on 7 May 1907, several amendments were adopted by a two- 
thirds vote of the people.^ 

CONSTITUTION OF 26 JULY 1847,^ AS AMENDED 7 MAY 1907.=^ 

Preamble. 

The end of the institution, maintenance, and administration of 
goA^ernment, is to secure the existence of the body politic, to protect 
it, and to furnish the individuals who compose it with the power of 
enjojdng in safety and tranquillity, their natural rights, and the 
blessings of life ; and whenever these great objects are not obtained, 
the people have a right to alter the government, and to take meas- 
ures necessary for their safety, prosperity, and happiness. 

Therefore, we, the people of the Commonwealth of Liberia, in 
Africa, acknowledging with devout gratitude the goodness of God, 
in granting to us the blessings of the Christian religion, and politi- 
cal, religious, and civil liberty, do, in order to secure these blessings 
for ourselves and our posterity, and to establish justice, insure do- 
mestic peace, and promote the general welfare, hereby solemnly 
associate, and constitute ourselves a free, sovereign, and independent 
State, by the name of the Eepublic of Liberia, and do ordain and 
establish this Constitution, for the government of the same. 

1 This introductory paragraph is based upon F. R. Darestb et P. Daebste, Les Consti- 
tutions modernes (3d edition, Paris, 1910), vol. ii, pp. 656-657. 

' Passed at Monrovia by unanimous consent of the people of the Commonwealth. Eng- 
lish text in the British and Foreign State Papers, 35 : pp. 1301-14. 

3 These am(»ndments, which were adopted by a two-thirds vote at the biennial election, 
7 May 1907, are here inserted in their proper places. English text in a printed pamphlet 
in the State Department files (cf. Papers Re,latiny to Foreign Relations of the United 
States, Washington, 1010, part 2, pp. 831-2). 



360 CONSTITUTIONS OF THE STATES AT WAE. 

Artici^ I. — Bill, of Rights. 

SECTION 1. NATURAL AND INALIENABLE RIGHTS OF ALL MEN. 

All men are born equally free and independent, and have certain 
natural, inherent, and inalienable rights; among which are the 
rights of enjoying and defending life and liberty, of acquiring, pos- 
sessing, and protecting property, and of pursuing and obtaining 
safety and happiness. 

SECT. 2. ALL THE POWER IS INHERENT IN THE PEOPLE. GOVERNMENT IN- 
STITUTED FOR THEIR BENEFIT. 

All power is inherent in the people; all free governments are in- 
stituted by their authority, and for their benefit, and they have the 
right to alter and reform the same when their safety and happiness 
require it. 

SECT, 3. RIGHT OF ALL MEN TO WORSHIP GOD ACCORDING TO THE DICTATES 

OF THEIR OWN CONSCIENCES. 

All men have a natural and inalienable right to worship God ac- 
cording to the dictates of their own consciences, without obstruction 
or molestation from others ; all persons demeaning themselves peace- 
abl}'-, and not obstructing others in their religious worship, are en- 
titled to the protection of law, in the free exercise of their own re- 
ligion, and no sect of Christians shall have exclusive privileges or 
preference over any other sect; but all shall be alike tolerated; and 
no religious test whatever shall be required as a qualification for civil 
office, or the exercise of any civil right. 

SECT. 4. THERE SHALL BE NO SLAVERY WITHIN THIS REPUBLIC. 

There shall be no slavery within this Eepublic. Nor shall any citi- 
zen of this Eepublic, or any person resident therein, deal in slaves, 
either within or without this Republic, directly or indirectly. 

SECT. 5. THE PEOPLE IIA\TE A RIGHT TO ASSEMBLE, INSTRUCT REPRESENTA- 
TIVES, AND PETITION THE GOVERNMENT. 

The people have a right at all times, in an orderly and peaceable 
manner to assemble and consult upon the common good, to instruct 
their representatives, and to petition the government, or any public 
functionaries for the redress of grievances. 

SECT. 6. JUSTICE WITHOUT DENIAL. TRIAL BY JURY. HEARD IN PERSON 

OR BY COUNSEL, &C. 

Every person injured shall have remedy therefor, by due course of 
law; justice shall be done without sole denial or delay; and in all 



LIBERIA. 361 

cases, not arising under martial law or upon impeachment, the parties 
shall have a right to a trial by jury, and to be heard in person or by 
counsel, or both. 

SECT. 7. HELD TO ANSWER, IN WHAT CASE. NOT TO GIVE EVIDENCE 

AGAINST HIMSELF, &C. 

Xo person shall be held to answer for a capital or infamous crime, 
except in cases of impeachment, cases arising in the army or navy, 
and petty offences, unless upon presentment by a grand jury; and 
every person criminally charged, shall have a right to be seasonably 
furnished Avith a copy of the charge, to be confronted with the wit- 
nesses against him; to have compulsory process for obtaining wit- 
nesses in his f aA-'our ; and to have a speedy, public, and impartial trial 
by a jury of the vicinity. He shall not be compelled to furnish or 
give evidence against himself; and no person shall for the same of- 
fence be twice put in jeopardy of life or limb. 

SECT. S. NOT DEPRIA'ED OF LIFE, LIBERTY, <SrC., BUT BY JUDGMENT OF 

PEERS OR THE LAW OF THE LAND. 

No person shall be deprived of life, liberty, property, or privilege,, 
but by judgment of his peers, or the law of the land. 

SECT. 9. NO PLACES SEARCHED, UNLESS UPON AVARRANT LAAVFULLY 

ISSUED. 

Xo place shall be searched, nor person seized, on a criminal charge 
or suspicion, unless upon Avarrant lawfully issued, upon probable 
cause supported by oath, or solemn affirmation, specially designating 
the place or person, and the object of the search. 

SECT, 3 0. EXCESSIAE BAIL NOT REQUIRED. CONTRACTS, cfrC, NOT IMPAIRED. 

NO EX POST FACTO LAAV. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
excessive punishments inflicted. Nor shall the legislature make any 
law impairing the obligation of contracts; nor any law rendering 
any act punishable, in any manner in which it was not punishable 
when it was committed. 

SECT. 11. ELECTION BY BALLOT. QUALIFICATION FOR SUFFRAGE. 

All elections shall be by ballot; and eA^ery male citizen of 21 
years of age, possessing real estate, shall have the right of suffrage. 

SECT. 12. TO KEEP AND BEAR ARMS. MILITARY SUBORDINATION TO THE 

CIVIL AUTHORITY. 

The people have a right to keep and to bear arms for the common 
defence. And as in time of peace, armies are dangerous to liberty, 
88381—19 24 



362 CONSTITUTIONS OF THE STATES AT WAR. 

they ought not to be maintained, without the consent of the legisla- 
ture; and the military power shall always be held in exact sub- 
ordination to the civil authority, and be governed by it. 

SECT. 13. PRIVATE PROPERTY ^^OT TO BE TAKEN FOR PUBLIC USE WITH- 
OUT, &C. 

Private property shall not be taken for public use without just 
compensation. 

SECT. 14. GOVERNMENT, POWERS DIVIDED. NOT TO INCLUDE JUSTICES OF 

THE PEACE. 

The powers of this government shall be divided into three distinct 
departments: legislative, executive, and judicial; and no person be- 
longing to one of these departments shall exercise g,ny of the powers 
belonging to either of the others. This section is not to be construed 
to include justices of the peace. 

SECT. 15. ^LIBERTY OF THE PRESS NOT RESTRAINED. SPEAK, WRITE, AND 

PRINT BEING RESPONSIBLE; INDICTMENTS FOR LIBELS; JURY DETERMINE 
LAW AND FACTS, &C. 

The liberty of the press is essential to the security of freedom in a 
State ; it ought not, therefore, to be restrained in this Republic. 

The printing press shall be free to every person who undertakes 
to examine the proceedings of the legislature, or any branch of gov- 
ernment ; and no law shall ever be made to restrain the rights thereof. 
The free communication of thoughts and opinions, is one of the 
invaluable rights of man, and every citizen may freely speak, write, 
and print, on any subject, being responsible for the abuse of that 
liberty. 

In prosecutions, for the publication of papers, investigating the 
official conduct of officers, or men in a public capacity, or where the 
matter published is proper for public information, the truth thereof 
may be given in evidence. And in all indictments for libels, the 
jury shall have a right to determine the law and the facts, under 
the direction of the court, as in other cases. 

SECT. 16. NO IMPOST OR DUTIES WITHOUT THE CONSENT OF THE PEOPLE 

OR THEIR REPRESENTATIVES. 

No subsidy, charge, impost, or duties, ought to be established, 
fixed, laid, or levied, under any pretext whatsoever, without the con- 
sent of the people, or their representatives in the legislature. 

SECT. 17. — LEGISLATURE TO DIRECT WHAT SUITS AND HOW BROUGHT 
AGAINST THE REPUBLIC. 

Suits may be brought against the Republic in such manner, and in 
such cases as the legislature may by law direct. 



LIBERIA. 363 

SECT. 18. WHO ARE SUBJECT TO THE LAW MARTIAL, &C. 

No person can, in any case, be subjected to the law martial, or to 
any penalties or pains, by virtue of that law (except those employed 
in the army or navy, and except the militia in actual service) but by 
the authority of the legislature. 

SECT. 19. — RIGHT OF THE PEOPLE TO CAUSE THEIR PUBLIC OFFICER TO 
RETURN TO PRIVATE LIFE. 

In order to prevent those who are vested with authority from be- 
coming oppressors, the people have a right at such periods and in 
such manner as they shall establish by their frame of government, 
to cause their public officers to return to private life, and to fill up 
vacant places, by certain and regular elections and appointments. 

SECT. 20. PRISONERS BAILABLE. WRIT OF HABEAS CORPUS, BENEFIT 



or, &C. 



That all prisoners shall be bailable by sufficient sureties, unless 
for capital offences, when the proof is evident or presumption great; 
and the privilege and benefit of the writ of habeas corpus shall be en- 
joyed in this Republic, in the most free, easy, cheap, expeditious, and 
ample manner, and shall not be suspended by the legislature, ex- 
cept upon the most urgent and pressing occasions, and for a limited 
time, not exceeding 12 months. 

Article II. — Legislative Powers. 

SECT. 1. — legislature TO CONSIST OF TWO BRANCHES. STYLE OF EN- 
ACTMENTS. 

That the legislative power shall be vested in a legislature of 
Liberia, and shall consist of two separate branches, a House of 
Representatives and a Senate, to be styled the legislature of Liberia, 
each of which shall have a negative on the other, and the enacting 
style of their acts and laws shall be : " It is enacted by the Senate 
and House of Representatives of the Republic of Liberia in Legisla- 
ture assembled." 

SECT. 2. HOUSE OF REPRESENTATIVES. NUMBER AND QUALIFICATION OF 

MEMBERS. TERM OF SERVICE. 

The representatives shall be elected by and for the inhabitants of 
the several counties of Liberia, and shall be apportioned among the 
several counties of Liberia, as follows: The county of Montserrado 
shall have 4 representatives, the county of Grand Bassa shall have 
3, and the county of Since shall have 1, and all counties hereafter 



364 COlifSTITUTIONS or THE STATES AT WAR. 

which shall be admitted inta the Republic shall have 1 representa- 
tive, and for every 10,000 inhabitants 1 representative shall be added. 
No citizen shall be a representative who has not resided in the county 
in which he resides seven whole years immediately previous to his 
election, and who shall not, when elected, be an inhabitant of the 
county by which he was elected, and does not own real estate of not 
less value than 600 dollars in the county which he represents, and 
who shall not have attained the age of 23 years. The representatives 
shall be elected quadrennially and shall serve four years from the 
time of their election.^ 

SECT. 3. VACANCIES IN THE LEGISLATURE, HOW FILLED. 

When a vacancy occurs in the representation of any county by 
death, resignation or otherwise, it shall be filled by a new election. 

SECT. 4. SPEAKER AND OFFICERS OF THE HOUSE, HOW ELECTED; POWER 

OF IMPEACHMENT. 

The House of Representatives shall elect their own speaker and 
other officers ; they shall also have the sole power of impeachment. 

SECT. 5. senate; number and qualification of MEMBERS. TERM OF 

SERVICE. 

The Senate shall consist of 2 members from Montserrado County, 
2 from Bassa County, 2 from Sinoe County, and 2 from each county 
which may be hereafter incorporated into this Republic. No citizen 
shall be a senator who shall not have resided nine whole years im- 
mediately previous to his election in the Republic of Liberia, and who 
shall not, when elected, be an inhabitant of the county which he rep- 
resents, and who does not own real estate of not less value than 1,000 
dollars in the county which he represents, and who shall not have 
attained the age of 25 years. The senator for each county who shall 
obtain the highest number of votes shall retain his seat eight years, 
and the one who was elected at the biennial election May, A. D. 1905, 
shall retain his seat for six years and all who are afterward elected 
eight years.^ 

^ As amended 7 May 1907. Previously it was required, among other qualifications, that 
the representative reside in his county two whole years and own real estate of not less 
value than 150 dollars in his county ; representatives were elected biennially and served 
two years. ^" '""■ 

'^ As amended 7 May 1907. Previously it was required, among other qualifications, 
that the senator reside in the Republic three whole years and own real estate of not 
less value than 200 dollars ; senators served four years, one senator from each county 
being elected every two years. 



LIBERIA. 365 

SECT. 6. IMPEACHMENTS, HOW TltlED, JUDGMENT IN SUCH CASES. 

The Senate shall try all impeachments; the senators being first 
sworn or solemnly affirmed to try the same impartially, and accord- 
ing to law, and no person shall be convicted but by the concurrence 
of two thirds of the senators present. Judgment in such cases shall 
not extend beyond removal from office, and disqualification to hold 
an office in the Republic ; but the party may be tried at law for the 
same offence. 

When either the President or Vice-President is to be tried, the 
Chief Justice shall preside. 

SECT. 7. — CENSUS, WHEN TAKEN. ONE REPRESENTATn'E r0R*EVERY TEN 
THOUSAND INHABITANTS. 

It shall be the duty of the legislature, as soon as conveniently may 
be after the adoption of this Constitution, and once at least in every 
ten years afterwards, to cause a true census to be taken of each town, 
and county of the Republic of Liberia; and a representative shall 
be allowed every town, having a population of 10,000 inhabitants; 
and for every additional 10,000 in the counties after the first census, 
1 representative shall be added to that county, until the number of 
representatives shall amount to 30 ; afterwards 1 representative shall 
be added for every 30,000. 

SECT. S.- — EACH BRANCH OF THE LEGISLATURE SHALL BE JUDGE OF THE 
ELECTION AND QUALIFICATIONS OF ITS MEMBERS. WHAT SHALL BE A 
QUORUM. MAY COMPEL THE ATTENDANCE OF ABSENT MEMBERS. 
MAY EXPEL A MEMBER. 

P^ach branch of the legislature shall be judge of the election re- 
turns and qualifications of its own members. A majority of each 
shall be necessary to transact business, but a less number may ad- 
journ from day to day, and compel the attendance of absent mem- 
bers. Each house may adopt its own rules of proceedings, enforce 
order, and with the concurrence of two thirds, may expel a member. 

SECT. 9. ADJOURN, NEITHER HOUSE SHALL FOR MORE THAN TWO DAYS 

WITHOUT THE CONSENT OF THE OTHER. 

Neither house shall adjourn for more than two days without the 
consent of the other; and both houses shall always sit in the same 
town. 

SECT. 10. — BILLS OR RESOLUTIONS, HOW PASSED. TO BE PRESENTED TO 
THE PRESIDENT FOR APPROVAL. 

Every bill or resolution which shall have passed both branches of 
the legislature, shall, before it becomes a law, be laid before the 



366 CONSTITUTIONS OF THE STATES AT WAK. 

President for his approval; if he approves, he shall sign it; if not, 
he shall return it to the legislature with his objections; if the legis- 
lature shall afterwards pass the bill or resolution by a vote of two 
thirds in each branch, it shall become a law. If the President shall 
neglect to return such bill or resolution to the legislature, with his 
objections for five days after the same shall have been so laid before 
him, the legislature remaining in session during that time, such 
neglect shall be equivalent to his signature. 

SECT, 11. SENATORS AND REPRESENTATIVES FREE FROM ARREST, 

EXCEPT, &C. 

The senators and representatives shall receive from the Republic 
a compensation for their services to be ascertained by law ; and shall 
be privileged from arrest except for treason, felony, or breach of 
the peace while attending at, going to, or returning from the ses- 
sion of the legislature. 

Article III. — Executive Power. 

SECT. 1. — PRESIDENT OF THE REPUBLIC, HOW ELECTED. TERM OF OF- 
FICE. COMMANDER-IN-CHIEF. POWER TO MAKE TREATIES. NOMINATE, 
APPOINT, AND COMMISSION PUBLIC OFFICERS. FILL VACANCIES IN CER- 
TAIN OFFICES. INFORM THE LEGISLATURE OF THE CONDITION OF THE 
REPUBLIC. RECOMMEND PUBLIC MEASURES, REMIT FORFEITURES, AND 
GRANT PARDONS, EXCEPT IN CASES OF IMPEACHMENTS. MAY REQUIRE 
INFORMATION FROM PUBLIC OFFICERS. MAY CONVENE THE LEGISLA- 
TURE, AND MAY ADJOURN THE TWO HOUSES. 

The supreme executive power shall be vested in a President, who 
shall be elected by the people and shall hold his oiRce for the term 
of four years.^ He shall be commander-in-chief of the Army and 
Navy. He shall, in the recess of the legislature, have power to call 
out the militia, or any portion thereof, into actual service in defence 
of the Republic. He shall have power to make treaties, provided 
the Senate concur therein, by a vote of two thirds of the senators 
present. He shall nominate, and with the advice and consent of the 
Senate, appoint and commission all ambassadors and other public 
ministers and consuls. Secretaries of State, of War, of the Navy, and 
of the Treasury, Attorney-Greneral, all judges of courts, sheriffs, 
coroners, marshals, justices of the peace, clerks of courts, registers, 
notaries public, and all other officers of State, civil and military, 
whose appointment may not be otherwise provided for by the Con- 
stitution or by standing laws. And in the recess of the Senate, he 
may fill any vacancies in those offices until the next session of the 

^As amended 7 May 1907. Previously the presidential term was two- years. 



LIBERIA. 367 

Senate. He shall receive all ambassadors and other public minis- 
ters. He shall take care that the laws be faithfully executed; he 
shall inform the legislature from time to time of the condition of 
the Republic, and recommend any public measures for their adop- 
tion, which he may think expedient. He may after conviction remit 
any public forfeitures and penalties, and grant reprieves and par- 
dons for public offences except in cases of impeachment. He may 
require information and advice from any public officer, touching mat- 
ters pertaining to his office. He may on extraordinary occasions 
convene the legislature, and may adjourn the two houses Avhenever 
they can not agree as to the time of adjournment. 

SECT. 2. VICE-PRESIDENT ELECTED IN THE SAME MANNER AND FOR THE 

SAME TERM AS THE PRESIDENT. QUALIFICATIONS THE SAME. PRESI- 
DENT OF THE SENATE. CASTING VOTE. PRESIDENT OF THE REPUBLIC 
IN CASE OF THE REMOVAL OF THE PRESIDENT. LEGISLATURE MAY PRO- 
VIDE FOR THE CASES OF REMOVAL. 

There shall be a Vice-President, who shall be elected in the same 
manner and for the same term as that of the President, and whose 
qualifications shall be the same; he shall be President of the Senate, 
and give the casting vote when the house is equally divided on any 
subject. And in case of the removal of the President from office, or 
his death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President ; and 
the legislature may by law provide for the cases of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly until the disability be removed or a President 
shall be elected. When a vacancy occurs in the Vice-Presidency by 
death, resignation or otherwise, after the regular election of the 
President and Vice-President, the President shall immediately order 
a special election to fill said vacancy.^ 

SECT. 3. SECRETARY OF STATE. KEEP THE RECORDS OF THE STATE AND 

PAPERS OF THE LEGISLATURE. SHALL ATTEND UPON THE PRESIDENT 
OR LEGISLATURE WHEN REQUIRED. 

The Secretary of State shall keep the records of the State, and all 
the records and papers of the legislative body, and all other public 
records and documents not belonging to any other department, and 
shall lay the same when required before the President or legislature. 
He shall attend upon them when required, and perform such other 
duties as may be enjoined by law. 

1 This last sentence was added 7 May 1907. 



368 CONSTITUTIONS OF THE STATES AT WAR. 

SECT. 4. SECRETARY OF THE TREASIJRr. GIVE BONDS TO THE ACCEPTANCE 

OF THE LEGISLATURE. EXHIBIT ACCOUNTS WHEN REQUIRED. MONEYS 
DRAWN FROM THE ITJEASURY BY WARRANT IN CONSEQUENCE OF APPRO- 
PRIATION. 

The Secretary of the Treasury or otiier persons who may by law be 
charged with the custody of the public moneys, shall before he re- 
ceive such moneys give bonds to the State, with sufficient sureties, to 
the acceptance of the legislature, for the faithful discharge of his 
trust. He shall exhibit a true account of such moneys when required 
by the President or legislature, and no moneys shall be drawn from 
the treasury, but by warrant from the President, in consequence of 
appropriation made by law. 



SECT. 5. CERTAIN PUBLIC OFFICERS, THEIR TERM OF OFFICE. MAY BE RE- 
MOVED WITHIN THAT TIME. WHAT OFFICERS HOLD THEIR OFFICE AT 
THE PLEASURE OF THE PRESIDENT. 

All ambassadors and other public ministers and consuls, the Sec- 
retary of State, of War, of the Treasury, and of the Navy, the 
Attorney- General and Postmaster-General, shall hold their offices 
during the pleasure of the President. All justices of the peace, 
sheriffs, coroners, marshals, clerks of courts, registers, and notaries 
public, shall hold their offices for the term of two years from the 
date of their respective commissions, but may be removed from office 
within that time by the President at his pleasure; and all other 
officers whose term of office may not be otherwise limited by law, 
shall hold their offices during the pleasure of the President.^ 

SECT. 6. REMOVAL FROM OFFICE FOR OFFICIAL MISCONDUCT; HOW AND 

BY WHOM. 

Every civil officer may be removed from office by impeachment, for 
official misconduct. Every such officer may also be removed by tTiP 
President upon the address of both branches of the legislature, stating 
their particular reason for his removal. 

SECT. 7. QUALIFICATION OF THE PRESIDENT. 

No person shall be eligible to the office of President, who has not 
been a citizen of this Kepublic for at least twelve years previous to 

^ This section was amended on 7 May 1907 to read as follows : " All ambassadors and 
other oflBcers (as named in said section) and all other officers whose term of office may 
not be otherwise limited by law, shall hold their offices for four years or during the 
time of the President, but said officers may be removed from office at any time by the 
President for official misconduct." 



LIBERIA. 369 

his election, and who shall not have attained the age of 35 years, and 
who is not possessed of unencumbered real estate of not less value 
than 3,000 dollars. ^ 

SECT. 8. COMPENSATION OF THE PRESIDENT. SHALL NEITHER BE IN- 
CREASED NOR DIMINISHED. &C. OATH OR AFFIRMATION BEFORE ENTER- 
ING ON THE EXECUTION OF HIS OFFICE. 

The President shall at stated times receive for his services com- 
pensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected ; and before be enters on 
the execution of his office, he shall take the following oath or affirma- 
tion : 

I do solemnly swear (oi* affirm) that I will faithfully execute the office of 
President of the Republic of Liberia, and will, to the best of my ability, pre- 
serve, protect and defend the Constitution and enforce the laws of the Republic 
of Liberia. 

[section 0.]^ 

For the purposes of counsel and advice, all Ex-Presidents shall be 
ex-o-fjielo members of the Senate, and shall be entitled to discuss all 
matters before that body, but shall not be entitled to vote thereon. 

The members of the cabinet, shall also be ex-oflcio members of the 
legislature, and shall be privileged to attend either branch for the 
purpose of discussing or advising upon any matter appertaining to 
their respective departments. 

Article IV. — Judicial Department. 

SECT. 1. JUDICIAL POWER, HOW VESTED. JUDGES HOLD THEIR OFFICE 

DURING GOOD BEHAVIOUR. HOW REMOVED. SALARIES MAY BE IN- 
CREASED, BUT NOT DIMINISHED. SHALL NOT RECEIVE OTHER PERQUI- 
SITES OR EMOLUMENTS. 

The judicial power of this Republic shall be vested in one Supreme 
Court, and such subordinate courts as the legislature may from time 
to time establish. The judges of the Supreme Court, and all other 
judges of courts, shall hold their office during good behaviour, but 
may be removed by the President, on the address of two thirds of 
both houses for that purpose, or by impeaclinient and conviction 
thereon. The judges shall have salaries established by law, which 

1 As amended 7 May 1907. Previously it was required to be a citizen for five years, 
to be 35 years of age and to be possessed of unencumbered real estate of the value of 
600 dollars. 

2 This amendment of 7 May 1907 has been inserted here as Section 9, although its 
proper place is not indicated in the official sources. 



370 CONSTITUTIONS OF THE STATES AT WAR. 

may be increased but not diminished during their continuance in 
office. They shall not receive other perquisites or emoluments what- 
ever from parties or others on account of any duty required of them. 

SECT, 2. SUPREME COURT, ORIGINAL AND APPELLATE JURISDICTION. 

WHAT CASES. 

The Supreme Court shall have original jurisdiction in all cases 
affecting ambassadors or other public ministers and consuls, and 
those to which a county shall be a party. In all other cases the Su- 
preme Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions and under such regulations as the legis- 
lature shall from time to time make. 

SECTION 3.^ 

The judges of the Supreme Court of the Eepublic shall be the 
Chief Justice and two Associate Justices. 

SECTION 4.^ 

No person shall be appointed judge of any of the courts of records 
of this Republic, who has not resided in the Republic at least seven 
whole years, immediately previous to his appointment by the 
President. 

Each judge of the Supreme Court must, at the time of his ap- 
pointment by the President, be possessed of unencumbered real 
estate of not less value than 1,500 dollars, and attained the age of 
35 years ; and every judge of any of the subordinate courts of records 
of this Republic must, at the time of his appointment by the Presi- 
dent, be possessed of unencumbered real estate of not less value 
than 1,000 dollars, and attained the age of 30 years. 

Article V. — Miscellaneous Provisions. 

SECT. 1. — commonwealth; laws or to remain in forge until Eli- 
pealed by the legislature. 

All laws now in force in the Commonwealth of Liberia, and not 
repugnant to the Constitution, shall be in force as the laws of the 
Republic of Liberia until they shall be repealed by the legislature. 

sect. 2. OFFICERS UNDER THE COMMONWEALTH TO HOLD OFFICES UNTIL 

OTHERS SHALL BE APPOINTED AND COMMISSIONED IN THEIR STEAD. 

All judges, magistrates, and other officers now concerned in the 
administration of justice in .the Commonwealth of Liberia, and all 

1 Sections 3 and 4 were added 7 May 1907. 



LIBERIA. 371 

other existing civil and military officers therein, shall continue to 
hold and discharge the duties of their respective offices in the name 
and by the authority of the Republic, until others shall be appointed 
and commissioned in their stead, pursuant to the Constitution. 

SECT. 3. TOWNS AND MUNICIPAL CORPORATIONS UNDER THE LAAVS OF 

THE COMMONWEALTH TO RETAIN THEIR EXISTING ORGANIZATI©N AND 
AUTHORITY. 

All towns and municipal corporations within the Republic, con- 
stituted under the laws of the Commonwealth of Liberia, shall retain 
their existing organizations and privileges, and the respective officers 
thereof shall remain in office, and act under the authority of this 
Republic, in the same manner and with the like powers as they now 
possess under the laws of said Commonwealth. 

SECT. 4. FIRST ELECTION OF OFFICERS UNDER THIS CONSTITUTION. HOW 

ELECTED, RETURNS MADE, AND NOTICE GIVEN. 

The first election of President, Vice-President, senators and repre- 
sentatives shall be held on the first Tuesday in October, in the year 
of our Lord 1847, in the same manner as election of members of the 
Council are held in the Commonwealth of Liberia; and the votes 
shall be certified and returned to the Colonial Secretary, and the 
result of the election shall be ascertained, posted and notified by 
him, as is now by law provided in case of such members of Council. 

SECT. 5. ELECTIONS WHERE HELD, TO WHOM RETURNS- OF VOTES SHALL 

BE MADE. ORGANIZATION OF THE LEGISLATURE. VOTES FOR PRESI- 
DENT, BY WHOM COUNTED AND DECLARED. FAILING A MAJORITY OF 
VOTES FOR ANY ONE CANDIDATE, THE SENATORS AND REPRESENTATIVES, 
IN CONVENTION, SHALL ELECT A PRESIDENT. 

All other elections of President, Vice-President, senators and rep- 
resentatives shall be held in the several counties of this Republic on 
the second Tuesday in October in every four years ;^ to be held and' 
regulated in such manner as the legislature may by law prescribe. 
The returns of votes shall be made to the Secretary' of State, who 
shall open the same, and forthwith issue notices of the election to the 
persons apparently so elected senators and representatives, and all 
such returns shall be by him laid before the legislature at its next 
ensuing session, together with a list of the names of the persons who 
appear by such returns to have been duly elected senators and repre- 
sentatives; and the persons appearing by said returns to be duly 

1 As amended 7 May 1907. Previously the elections were biennial and were held on 
the first Tuesday in May. 



372 CONSTITUTIONS OF THE STATES AT WAR. 

elected, shall proceed to organize themselves accordingly as the Senate 
and House of Representatives. The votes for President shall be 
sorted, counted and declared by the House of Representatives. And 
if no person shall appear to have a majority of such votes, the sena- 
tors and representatives present shall, in convention, by joint ballot, 
elect, from among the persons having the three highest number of 
votes, a person to act as President for the ensuing term. 

SECT. 6. — MEETING OF THE LEGISLATURE AT LEAST ONCE IN EVERY YEAR. 

The legislature shall assemble once at least in every year, and such 
meeting shall be on the first Monday in January, unless a different 
day shall be appointed by law. 

SECT. 7. OFFICERS REQUIRED TO SUBSCRIBE ON OATH OR AFFIRMATION. 

BY WHOM THE OATH OR AFFIRMATION SHALL BE ADMINISTERED, &C. 

. Every legislator and other officer appointed under this Constitution 
shall, before he enters upon the duties of his office, take and subscribe 
a solemn oath or affirmation to support the Constitution of this Re- 
public, and faithfully and impartially to discharge the duties of such 
office. The presiding officer of the Senate shall administer such oath 
or affirmation to the President, in convention of both houses; and 
the President shall administer the same to the Vice-President, to the 
senators and to the representatives in like manner. When the Presi- 
dent is unable to attend, the Chief Justice of the Supreme Court 
may administer the oath or affirmation to him at any place, and also 
to the Vice-President, senators and representatives in convention. 
Other officers may take such oath or affirmation before the Presi- 
dent, Chief Justice, or any other person who may be designated 
by law. 

SECT. 8. A MAJORITY OF THE VOTES REQUIRED FOR THE ELECTION OF 

CERTAIN OFFICERS. 

All elections of public officers shall be made by a majority of the 
votes, except in cases otherwise regulated by the Constitution or 
by law. 

SECT. 9. OFFICERS ONLY CREATED WHICH THE PRESENT CIRCUMSTANCES 

REQUIRE. 

Officers created by this Constitution, which the present circum- 
stances of the Republic do not require that they shall be filled, shall 
not be filled until the legislature shall deem it necessary. 



LIBERIA. 373 

SECT. 10. THE RIGHT OF CERTAIN PROPERTY SECURED TO THE WIFE^ 

WHICH CAN ONLY BE ALIENATED BY HER. 

The property of which a woman may be possessed at the time of 
her marriage, and also that of which she may afterwards become 
possessed, otherwise than by her husband, shall not be held respon- 
sible for his debts, whether contracted before or after marriage. 

Nor shall the property thus intended to be secured to the woman 
be alienated otherwise than b}'' her free and voluntary consent, and 
such alienation may be made by her either by sale, devise or other- 
wise. 

SECT, ]1, THE widow's SHARE OF INSOLVENT ESTATES, 

In all cases in which estates are insolvent, the widow shall be en- 
titled to one third of the real estate during her natural life, and to 
one third of the personal estate, which she shall hold in her own 
right, subject to alienation by her, by devise or otherwise, 

SECT, 12, NONE BUT A CITIZEN IS ENTITLED TO HOLD REAL ESTATE, 

EXCEPT, &C, 

No person shall be entitled to hold real estate in this Republic, 
unless he be a citizen of the same. Nevertheless, this article shall not 
be construed to applj^ to colonization, missionary, educational or 
other benevolent institutions, so long as the property or estate is ap- 
plied to its legitimate purposes, 

SECT, 13. — NONE BUT PERSONS OF COLOUR SHALL BE ADMITTED TO CITIZEN- 
SHIP. 

The great object of forming these colonies being to provide a home 
for the dispersed and oppressed children of Africa, and to regenerate 
and enlighten this benighted continent, none but j)ersons of Negi'o 

descent^ shall be admitted to citizensliip in this Republic. 

■/ 
J 

SECT. 14. PRIVATE INDIVIDUALS SHALL NOT PURCHASE LAND FROM THE 

ABORIGINES. 

The purchase of any land by any citizen or citizens from the 
aborigines of this country for his or their own use, or for the benefit 
of others, on estate or estates in fee simple, shall be considered null 
and void to all intents and purposes. 

1 As amended 7 May 1907. Previously " none but persons of colour " were admissible 
to citizenship. . •■{ t 



374 CONSTITUTIONS OF THE STATES AT WAH. 

SECT. 15. THE IMPROVEMENT OF THE NATIVE TRIBES. THE APPOINTMENT 

OF SUITABLE PERSONS TO VISIT AND INSTRUCT THEM. THE LEGISLATURE 
TO MAKE APPROPRIATION FOR THAT PURPOSE. 

The improvement of the native tribes and their advancement in the 
arts of agriculture and husbandry being a cherished object of this 
government, it shall be the duty of the President to appoint in each 
county some discreet person, whose duty it shall be to make regular 
and periodical tours through the country for the purpose of calling 
the attention of the natives to those v^holesome branches of industry, 
and of instructing them in the same ; and the legislature shall, as 
soon as it can conveniently be done, make provisions for these pur- 
poses by the appropriation of money. 

SECT. 16. THE EXISTING REGULATIONS OF THE AMERICAN COLONIZATION 

SOCIETY RELATIVE TO IMMIGRANTS TO REMAIN THE SAME UNTIL REGU- 
LATED BY COMPACT, &C. 

The existing regulations of the American Colonization Society in 
the Commonwealth relative to emigrants shall remain the same in 
the Eepublic until regulated by compact between the Society and the 
Kepublic ; nevertheless, the legislature shall make no law prohibiting 
emigration. And it shall be among the first duties of the legislature 
to take measures to arrange the future relations between the Ameri- 
can Colonization Society and this Eepublic. 

SECT. 17. THIS CONSTITUTION MAY BE ALTERED. HOW AND WHEN. 

This Constitution may be altered whenever two thirds of both 
branches of the legislature shall deem it necessary ; in which case the 
alterations or amendments shall first be considered and approved by 
the legislature, by the concurrence of two thirds of the members of 
each branch, and afterwards by them submitted to the people, and 
adopted by two thirds of all the electors at the next biennial meeting 
for the election of senators and representatives. 



LIECHTENSTEIN. 

This principality, whose origin dates back to 1712 and which was 
raised to an Imperial Principality by Emperor Charles VI in 1719, 
is the only one which continued to follow the fortunes of Austria 
after the reconstitution of the German Empire under the hegemony 
of Prussia. Since 1866 it has had no confederative alliance, but has 
enjoyed close relations with Austria by virtue of various treaties. 
Its first Constitution, dated 9 November 1818,^ was promulgated in 
pursuance of Article 13 of the Act of the German Confederation. 
Several modifications made in this Constitution in 1848 and 1849 
were abolished in part in 1852. The Constitution of 1818 remained 
in force until the Prince, John II, promulgated the Constitution 
of 26 September 1862, which since that date has been modified 
in separate provisions by the Laws of 19 February 1878, 29 December 
1895 and 11 October 1901.^ 



CONSTITUTION OF 26 SEPTEMBER 1862.' 
[Preamble,] 

We, John II, by the grace of God, Sovereign Prince of Liechten- 
stein, Duke of Troppau, Count of Rietberg, etc., etc., etc., make 
known by these presents that the Constitution of our Principality 
has, as a result of the wishes expressed by our faithful Estates and 
with the advice and constitutional sanction of the assembled Diet, 
been ordered as follows. 

Chapter I. — ^The Principality and Its Government. 

Article 1. The Principality of Liechtenstein, in the union of its 
two provinces of Vaduz and Schellenberg, forms an indivisible and 
unalterable unit and as such is a part of the German Confederation. 

Art. 2. The Prince is the head of the State, unites in his person 
all State rights, and exercises them according to the provisions laid 
down in the present Constitution. 

His person is sacred and inviolable. 

1 English translation in the British and Foreign State Papers, 5 : pp. 1192-1194. 

2 This introductory paragraph is based upon F. R. Dareste et P. Dareste^ Les Consti- 
tutions modernes (3d edition, Paris, 1910), vol. i, p. 532. There is a fuller account in 
Paul Posexer, pic Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 656-657. 

* Translated by B. H. Zeydel from the German text in Poseneb, op. cit., pp. 657-672, 

375 



376 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 3. The government is hereditary in the princely house of 
Liechtenstein in accordance with the house laws. The latter also 
regulate the questions that may arise as to the majority of the 
Prince and of the hereditary prince, and questions pertaining to 
guardianship. 

Chapter II. — The General, Rights and Duties of Subjects. 

Art. 4. Sojourning within the boundaries of the Principality car- 
ries with it the duty of obeying its laws and on the other hand forms 
the basis for legal protection. 

Art. 5. The acquisition of all political rights is permitted to every 
subject in accordance with the provisions of this Constitution. 

Art. 6, The laws provide for the origin and acquisition and for 
the deprivation and loss of political rights and of citizenship. 

Art. 7. The provincial laws provide the general legal standard 
for all subjects, and all subjects are equal before the law. 

Art. 8. Freedom of the person and of external religious worship 
are guaranteed by this Constitution. 

Freedom of communicating thought through the press shall be 
regulated by a special law. 

Art. 9. As a rule no one may be deprived of his ordinary judge 
nor arrested and punished in a way other than that provided by law 
in given cases and under observance of the legal forms. 

Except when a person is caught in flagrante delicto^ his arrest may 
take place only by virtue of an official order with the reasons stated 
therein. 

Art. 10. Every person Avho is arrested must be informed of the 
reasons for his arrest immediately, at the latest within 24 hours after 
his arrest, and he must be granted a hearing by the officials of the 
court. If the arrest was not made by the court which is competent 
to continue the proceedings, the arrested person must be delivered to 
the competent court. 

Art. 11. Every person against whom a charge has been made shall, 
unless there is conclusive evidence of a crime against him, be imme- 
diately released from custody after the deposit of a suitable bail or 
security to be fixed by the court. 

Art. 12. Domiciliary search shall take place only in unavoidable 
instances and by virtue of an order granted by the competent court, 
under observance of the legal forms. This order must be presented 
in writing to the owner of the domicile. 

Art. 13. The arrested person has the right, under the supervision 
of the competent court, to communicate with his relatives orally or 
in writing concerning his famil}^ relations, and, during the examina- 
tion, to secure through his own means better food than the ordinary. 



LIECHTENSTEIN. 377 

This right may be curtailed or formally prohibited by the court 
because of abuse or for other reasons of importance. 

Airr.,1-1:. Property or other rights and privileges may be demanded 
for purposes of the State or of a community only in the cases and 
foiuns pi'escribed by the law and in consideration of full indemnity, 
which must be paid previously. 

Art. 15. The Constitution guarantees the release by sale of all 
existing tithes, also of ground taxes in accordance with the pro- 
visions of a law. which does not, however, exclude the possibility of a 
friendly agreement. 

Art. 16. All confiscation of property is prohibited, but the con- 
fiscation of separate articles which have served or may serve as the 
tool or means of a crime or a violation is henceforth permitted. 

Art. it. Exclusive commercial and industrial privileges for a lim- 
ited period will be regulated by a special law in agreement with the 
laws of the Confederation thereto pertaining. 

Art. 18. The right of forming societies is regulated by a law and is 
protected by the Constitution. 

Art. 19. The right of making complaints is guaranteed. 

Consequently every subject has the right to complain, to the 
authorities which are immediately superior, about the conduct or 
acts of public officials injurious to his interest and in violation of 
the Constitution, the laws, or the regulations. Such complaints, if 
necessary, may be prosecuted to the highest authorities. If the com- 
plaint is rejected by the superior authorities, the said authorities 
must furnish the petitioner with the reasons for their decision. 

Art. 20. The right of petitioning the Diet is guaranteed, and not 
only individual subjects and others acting in their interests, but also 
communes and corporations may present their wishes and requests 
to the Diet through a member thereof. 

Art. 21. Every man capable of bearing arms is liable to be called 
to the defense of the country in case of need, until he has passed his 
sixtieth year. 

The law determines the obligations of military service and the 
ordinary and extraordinary military duties in time of war as well as 
of peace, in -accordance with the laws of the Confederation thereto 
pertaining.^ 

Art. 22. A communal law which is to be promulgated shall be 
based on the following points: 

a. Free choice of the communal president by the communal 
assembly. 

1 Here and elsewhere the term " Confederation " refers to the German Confederation 
to which Liechtenstein belonged prior to 1866. See the introductory paragraph above, 
p. 375. 

88381—19 2.5 



378 coFSTiTUTioisrs of the states at war. 

5. Independent administration of property and of local police 
under supervision of the government. 

G. The administration and regulation of the poor laws and of the 
schools. 

d. The right of the commune to grant citizenship. 

e. Freedom of settlement of subjects in every commune. 

Chapter III. — The Authority of the State, Its Exercise, and 

THE OrriCIALS OF THE StATE. 

Art. 23. The Prince represents the State in all its relations with 
foreign States. 

Without the consent of the Diet neither the State as a whole nor 
any part thereof, nor any property of the State, may be sold by 
treaties with foreign States, and no sovereign right or royal preroga- 
tive of the State may be relinquished or otherwise disposed of in 
favor of a foreign State ; moreover, no new burden may be imposed 
upon the Principality or its subjects and no obligation may be con- 
tracted which might violate the rights of the subjects. 

Art. 24. Without the cooperation and the consent of the Diet no 
law may be promulgated, rescinded, modified or authentically 
interpreted. 

However, the Prince will without the cooperation of the Diet take 
measures required for the execution and administration of the laws, 
as well as make regulations concerning the right of supervision and 
administration and issue the proper ordinances. The Prince will 
also in cases of urgency take the necessary precautions for the safety 
and welfare of the State. 

Art. 25. These provisions are applied by the laws in practice in 
police matters of the country. 

Art. 26. All laws and ordinances which are at variance with an 
express provision of the present Constitution are hereby rescinded. 

Such legal provisions as are not in accord with the spirit of this 
Constitution shall be submitted to a constitutional revision. 

Art. 27. The governing power, which is in the hands of the 
Prince, shall, in conformity with the provisions of this Constitution, 
be exercised by responsible State officials appointed by the Prince. 

Art. 28. The organization of the State authorities shall be regu- 
lated by the Prince through decrees, but these decrees must be based 
on the constitutional provision that the authorities have their official 
residence in the Principality. 

Art. 29. All laws and ordinances and all decrees, which issue 
from the Prince or a regency, must, in order to gain validity, be 
countersigned by a responsible official who is present in the land. 



LIECHTENSTEIN. 379 

Further regulations on this subject are reserved for a special law, 
which shall form an integral part of the Constitution. 

Art. 30. The head of the government shall give to the Diet at 
every regular session detailed infornuition as to the revenues and 
expenditures of the country and shall submit to it the government's 
rough estimate of revenues and expenditures for the next year. 
These expenditures shall include only sums necessary for the internal 
administration and foreign relations, since the Prince retains for 
himself none of the revenues. Finally the sovereign makes the 
necessary proposals for the manner of covering the expenditures 
which are required. 

Art. 31, The government has the right of incurring necessary 
expenditures w'hich were unforeseen and were not included in the 
budget, subject to the approval of the competent State authorities 
who must report to the Diet at its next session on the necessitj^ of 
making the expenditures, as well as give an account of the use to 
which the funds were put and also secure the approval of the Diet. 

Art. 32. Funds saved in separate items of the budget may not be 
used to cover deficits in others. 

Art. 33. The courts of law are administered in the name of the 
Prince by approved and responsible judges. 

Art. 34. In matters pertaining to the administration of justice 
and in legal proceedings, the courts, wdthin the bounds of their legal 
efficacy, are independent of all influence of the government. 

Art. 35. The fisc and the princely domanial authorities are sub- 
ject to the jurisdiction of the ordinary courts. 

Art. 36. Beside the ordinary courts, compromise and arbitral 
courts are established for the exercise of judicial functions in civil 
affairs. The appointment and selection of these, as well as the 
method of procedure, depend on the wish of the parties. 

Art. 37. All courts must append reasons to their decisions and 
findings. 

Art. 38. The Prince has the exclusive right over the disposition 
of the army, the formation of the same, disciplinary measures and 
the right to issue all orders concerning the military service without 
the consent of the Diet. 

Legal provisions not referring to the aforementioned subjects shall 
hereafter be made only with the consent of the Diet. 

Chapter IV. — The Representatiox or the Country in General 
AND Its Powers in Particular. 

Art. 39. The Diet is the legal organ of all the subjects and as such 
it is obliged to protect their rights in relation to the government, 
according to the provisions of the Constitution ; it shall furthermore 



380 CONSTITUTIONS OF THE STATES AT WAR. 

promote to tlie utmost tlie general welfare of the Prince and of the 
land, with faithful devotion to the principles of the Constitution. 
Art. 40. The powers of the Diet shall extend especially over the 
following subjects: 

a. Constitutional cooperation in legislation. 

h. Granting of taxes. 

c. Cooperation in military conscription. 

d. The right of petitioning and complaining with regard to 
the State administration in general, as well as its separate branches, 
finally the right to propose a complaint on the subject of violation 
of the Constitution and of the laws on the part of responsible State 
officials. 

Art. 41. The right of initiative in legislation, i. e., the introduction 
of bills, may be exercised by both the Prince and the Diet. If a 
bill is rejected by either party, it can not be introduced again in the 
same Diet without essential modification. 

Art. 42. With respect to defects and abuses resulting from the ad- 
ministration or the practice of law or arising from representations, 
petitions and complaints submitted to the Diet by individuals or cor- 
porations, the Diet shall always have the right to submit representa- 
tions and complaints directly to the Prince and to request that such 
defects and abuses be remedied. To this category belong also com- 
plaints against State officials because of violation of the Constitution, 
alienation of public moneys, extortion, bribery or gross neglect of 
official duties; such complaints may be submitted by the Diet directly 
to the Prince. In every case, the remedying of the causes for com- 
plaints or the result of the examination shall be reported to the Diet 
or the committee. 

Art. 43. Without the consent of the Diet no direct or indirect tax 
nor any other State dues or general contribution, whatever name thej^ 
may bear, shall be imposed and raised. The consent of the Diet shall 
be expressly mentioned in the proclamation of the tax. 

The method of apportioning and distributing all public dues and 
contributions among persons and goods, as well as the method of 
raising said dues and expenditures, require the consent of the Diet. 

Dues and contributions which are necessary to cover recognized 
and approved outlays in the State budget and such as are required 
for the fulfilment of general obligations of the Confederation, and 
which are therefore sufficiently justified, may not be refused. 

Art. 44. The granting of taxes usually takfis place at every ordinary 
session of the Diet. 

Art. 45. With regard to the fiscal administration of the country 
a budget covering all revenues and expenditures for the next fiscal 
period shall be submitted to the Diet for its examination, criticism 
and approval ; this budget is to be as complete as possible, and a pro- 



LIECHTENSTEIN. 381 

posal witli regard to the taxes that must be levied is to be appended 
thereto. With regard to the expired fiscal period a careful account 
of the expenditure of the sums approved and raised in accordance 
with the budget is to be submitted by the government, under reserva- 
tion of approval of justified transgressions and with the right of 
holding the government responsible in those cases of transgression 
which are not justified. 

Art. 46. The Diet, in conjunction with the Prince, has the right to 
dispose of the assets of the State treasury. 

Art. 47. The Diet has the right to decide upon the flotation of 
loans to the State treasury to cover extraordinary needs; without its 
consent no loan may be undertaken for the country. 

Art. 48. The salary and pension budgets shall be communicated to 
the Diet for its approval, in so far as the salaries and pensions are 
paid wholly or partially out of the State treasury. 

Claims for pensions on the part of officials in general shall be regu- 
lated by a special law. 

Art. 49. The levy of troops is subject to legislation. The Diet 
gives its consent to the annual levy which, however, may not be re- 
fused as far as the provisions of the Confederation require. 

Art. 50. All agreements witli ecclesiastical authorities must be sub- 
mitted to the Diet as far as they are affected by legislation. 

Chapter V. — Ecclesiastical. Foundations and Educational 

Institutions. 

Art. 51. Church property and the property of foundations for re- 
ligious, educational and charitable institutions are under the protec- 
tion of the Constitution. 

Art. 52. The administration of the property of educational and 
charitable institutions shall be regulated by proper legii^lation. 

Art. 53. Tlie property of the Church and of foundations can only 
be disposed of in accordance with the conditions of the charter of 
foundation, and, in the absence' thereof, according to their original 
purposes. 

Only in cases where these purposes can no longer be attained may 
the property be used for other purposes, and then only with the con- 
sent of those interested, and, in so far as public institutions are con- 
cerned, only with the consent of the Diet. 

Art. 54. Provision shall be made for the necessary educational in- 
stitutions, especially the elementary schools, the non-classical and in- 
dustrial high schools, also for the education and support of teachers ; 
the care of these matters shall be commended to the especial attention 
of the entire State representation. 



382 CONSTITUTIONS OF THE STATES AT WAR. 

Chapter VI. — The Election of the Deputies to the Diet. 

Art. 55. The Diet consists of 15 members. Three of these are ap- 
pointed hj the Prince from among the inhabitants of the Principality 
who are entitled to vote ; of the rest of the members seven are elected 
by electors from the highlands and five by electors from the low- 
lands.^ 

Art. 56. The election of the electors takes place independently in 
each commune in such a way that two electors represent every 100 
inhabitants. In this computation a total of more than 50 inhabitants 
is considered a complete unit of 100. 

Art. 57. All subjects of Liechtenstein who are of the male sex, 
enjoy their full civil rights and reside in the Principality ^ are 
actively and passively entitled to vote. 

Art. 58. The primary voters exercise their right of suffrage in 
the commune in which they find themselves at the time of the election. 

The electors must be chosen from their own electoral communes. 

Art. 59. Every voter can exercise his right of suffrage in person 
only. 

Art. 60. The following are excluded from the active and passive 
right of suffrage and are therefore neither entitled to vote nor to 
be elected : 

a. Persons who have been deprived of the free disposition of 
their property or enjoy support as paupers. 

&. Persons against whom bankruptcy proceedings have been 
declared or who have undertaken compromise proceedings with their 
creditors, during the proceedings and after the conclusion of the 
same, in case they have not been declared innocent. 

c. Persons who have been punished because of a crime or an 
offence or a transgression committed for the sake of gain or against 
public decency, also persons who by a decision of a court have been 
sentenced to a degradation of office.^ 

Art. 61. If an elected deputy should be appointed to a permanent 
paid official position, or if a change takes place in the official position 
of an elected member of the Diet, who is at the same time a spiritual 
or temporal official of the State, a new election must take place, in 
which case the departing member may be relected if his new posi- 
tion permits it. 

Art. 62. The proclamation of the Diet elections is in the hands of 
the government. In the proclamation the communes are directed to 



'■ Amended by the Law of 19 February 1878 (Liechtensteinisches Landes-Gesetehlatt, 
1878, No. 2). 

2 Tbe following clause was rescinded by the Law of 19 February 1878 : " who have 
reached their 24th year and follow an independent vocation on their own account." 

3 Amended by the Law of 19 February 1878 ; the loss of suffrage rights was formerly 
conditioned by menial service and support as' a pauper ; in the case laid down under 
Section c a person formerly lost his rights of suffrage also if acquittal was only the result 
of insuflacient evidence. 



LIECHTENSTEIN. 383 

conduct the elections of the electors on a stated day according to 

Art. 63. This notice must be given at least 21 days before the elec- 
tion. Within the first 8 days following, the communal president 
with the cooperation of a commission of at least 4 members, to be 
chosen by the commune, must draw up the election list of the primary 
voters and determine the number of electors according to Article 56. 
The commission appoints one of its number secretary. The election 
list is publicly posted 14 days before the eTection of the deputies ; a 
copy is at the same time sent to the government. 

Claims against these election lists must be made to the president 
of the commune within 48 hours, and the president immediately sub- 
mits them to the head of the government. The latter makes a pro- 
visional decision, which is to be in force during the elections. As 
soon as the Diet has been constituted, it shall render final decision 
in the matter. 

Art. 64. At least six days before the election of the deputies the 
election of the electors takes place in the communal building, after 
the election day. determined in conjunction with the government, 
has been previously published by the president of the commune. 
The notice in which this is done shall invite all voters to fulfil their 
duties and shall call attention to the consequences ensuing in case of 
unwarranted absence from the elections. 

Art. 65. The voting for the electors must be carried on in the 
presence of a princely electoral commissioner and must be under 
the direction of the communal president and the commission which 
assisted in the preparation of the election list. 

The commune is at liberty to assign to this commission two addi- 
tional citizens as registrars. 

Art. 66. Votes are cast according to the list singly and for as 
many electors as must be chosen by the commune. The members of 
the electoral commission vote first. Vote by proxy is prohibited. 

Art. 67. In these elections a relative majority of votes decides, and 
in case of a tie the matter is decided by lot. 

Art. 68. The election secretary draws up a careful protocol of the 
election proceedings, and each separate vote is recorded therein with 
reference to the election list and the duplicate. 

Art. 69. After the election is completed, the result is publicly 
posted in the commune and reported by the electoral commission to 
the government. 

Art. 70. As soon as the electors have been regularly appointed in 
all communes, the head of the government publishes the day, hour 
nnd place of the election of the delegates to the Diet, which is to take 
place separately in the highlands and lowlands.^ 

1 Amended by the Law of 19 February 1878. 



384 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 71. The electoral commissions are formed from the heads of 
the electoral districts in question, and the presidents of the communes 
in which, according to the direction of the government, the elections 
are to take place, preside. The election, too, is to be attended by a 
prince!}^ commissioner.^ 

Art. 72. The electors must appear punctually on the appointed 
day and at the specified time at the place where the election is to be 
held, and they shall prove their identity by presentation of their 
voting card. The voting cards are issued to the electors by the com- 
munal electoral commissions and contain only the date of the election, 
the name of the person elected and the number of votes cast for him. 

Art. 73. The president of the electoral commission at the appointed 
hour, without regard to the number of electors present, opens the 
proceedings of the election of the deputies with an address in which 
he invites the electors to cast their votes with only the concern for 
the general good and the welfare of the land in mind, irrespective 
of all minor considerations and special interests. Hereupon the elec- 
tors proceed to the voting, and they are permitted to increase the 
legally constituted electoral commissions by adding out of their own 
number from 3 to 5 registrars, if they wish to make use of this right.^ 

Art. 74. Each elector must designate as his choice the number of 
candidates for the oiRce of deputy allowed to his district. This desig- 
nation is made in writing on ballots which are deposited into the 
urn which is ready for the purpose. The ballot must contain the 
names of the deputies voted for, and they must be written plainly 
and definitely, so that there may be no ambiguity as to the choice 
of persons. 

In case of a tie between two candidates the matter is decided by 
lot. The lots are always drawn in the presence of all the electors, 
and if the interested parties are not present in person, the two oldest 
electors are appointed representatives for the drawing. If an elec- 
tion can not be completed on the same day, it is continued on the next. 

After the completion of the election of the deputies the substitutes 
are elected in the same way. There are to be 3 substitutes for the 
highlands and 2 for the lowlands.^ 

Art. 75. The secretary of the commune in which the election takes 
place, chosen for this purpose, shall draw up a careful protocol of 
the election proceedings, and the votes shall be entered upon it as 
well as upon the voting list and the duplicate list. 

Art. 76. If in the voting there should be doubt as to the identity 
of an elected person, the electoral commission renders a provisional 
decision in the matter. 

1 Amended by the Law of 19 February 1878. 



LIECHTENSTEIN. 385 

The same procedure is followed, if, before the beginning of the 
voting, objection is made against an elector who has appeared with 
his voting card. Final decision in the matter is rendered b}'^ the Diet, 
which shall take up the question immediately after it has been con- 
stituted. 

Art. 77. When the voting is completed, the results thereof are 
published by the president of the commission, in accordance with the 
number of votes of the assembled electors. 

Art, 78. Absolute majority is required for the validity of the elec- 
tion of deputies to the Diet. In case of a tie the matter is decided 
by lot. 

Art. 79. If an absolute majority has not been attained in the first 
ballot, a second election must be held, which is, of course, restricted 
to the number of delegates who have not attained an absolute ma- 
jority in the preceding ballot. 

Otherwise the second ballot is conducted in precisely the same 
way as the first; the election is not limited by any other restriction 
and is conditioned only by the number of candidates as a result of 
the first election. 

Art. 80. If the election is not completed by the second ballot, a 
relative majority will decide in the third ballot, and only the names 
of those candidates mentioned in the second ballot may be voted on. 

Art. 81. In case of a tie between two candidates the matter is de- 
cided by lot. The drawing of the lot always takes place in the pres- 
ence of all electors, and if the participants are not present in person, 
the two oldest electors are appointed representatives for the drawing. 
If an election can not be completed on the same day, it is continued 
on the next. 

After the completion of the election of the deputies, the 5 substi- 
tutes are elected in the same way. 

Art. 82. A person elected to the office of deputy may decline the 
position, but must within ten days after being informed of his elec- 
tion declare his intention to the head of the government. If no such 
declaration is made, the election is accepted. A person who has ac- 
cepted an election may be dismissed from the Diet only for valid 
reasons. 

Art. 83. A State official who has been elected to the Diet must 
secure the permission of the government. Such permission will, how- 
ever, be granted in every case, except for very important reasons. In 
case such permission is refused, the substitute enters the Diet. 

Art. 84. If father and son should be elected deputy at the same 
time, the son shall be excluded unless the father voluntarily agrees 
to resisn. 



386 CONSTITUTIONS OF THE STATES AT WAB. 

Art. 85. Vacancies so caused will be filled by summoning the sub- 
stitutes. 

Art. 86. After the completion of the entire electoral proceedings 
the election protocol with all its annexes is submitted to the head 
of the government, and those who have been elected receive for their 
legitimation an election document containing the signatures of all 
persons who participated in the conduct and authentication of the 
elections. They shall submit a receipt for this document within the 
period stipulated in Article 82. 

Art. 87. All primary voters shall take part in the election of elec- 
tors. Those who without good reason absent themselves from the 
election, are liable to a fine of 1 gulden, which accrues to the poor- 
house fund. The electoral commission decides on the validity of 
excuses for absence. The validity of the elections of deputies and 
substitutes is not conditioned by the appearance of any fixed number 
of electors.^ 

Art. 88. If the prescribed forms were not observed in the course of 
the election, or if the requisite legal qualities are not found in the 
persons elected, or if illegal influences and punishable activities made 
themselves felt, the election is null and void. 

If one or more unqualified persons participated in the voting, the 
elections are nevertheless considered valid if the difference in the 
number of votes resulting thereby has no effect on the majority of 
votes attained by the person elected. If the latter is not the case, 
the election is void. The Diet, which is to be informed of the validity 
or invalidity of the elections, orders an investigation, if necessary, in 
case illegal practices have been discovered, at the proposal of the gov- 
ernment. Such investigations are conducted through the regular 
legal channels. 

The government shall decree new elections immediately, if an elec- 
tion has been manifestly conducted in such a way as to make its 
invalidity clear. 

Chapter YII. — The Diet. 

Art. 89. The Assembly of Deputies, summoned in a regular, legal 
way, forms the constitutional organ of the Diet. 

Art. 90. The Prince alone has the right to call ordinary and extra- 
ordinary sessions of the Diet, to close them, and to prorogue or dis- 

1 As amended by the Law of 19 February 1878. This article formerly read : " All 
primary voters shall take part in the election of electors. At least two thirds of the 
persons entitled to the suffrage must cast their vote in the election of deputies to the 
Diet. If the election can not be held because of the lack of this number of electors, 
those electors who did not appear must defray the expenses of the proposed elections 
among themselves or with mutual responsibility. Only those shall be excepted who 
were prevented by force majeure from being present at the electoral proceedings. The 
decision of the electoral commission in this matter is final." 



LIECHTENSTEIN. 387 

solve the Diet for tliree months for important reasons which must in 
every case be communicated to the Assembly. 

Art. 91. The Prince will convene the Diet as often as he considers 
it necessary for the transaction of important and urgent matters per- 
taining to the country. 

Art, 92, Ordinarily the Diet must be summoned once a year, at 
the latest between 15 and 31 October.^ 

Art, 93. After' the dissolution of the Diet a new election must be 
ordered within four months, and the newly elected members of the 
Diet must be summoned. 

Within the same period a prorogued Diet, too, must be convened 
again. 

Art. 94. An extraordinary Diet must be summoned after every 
change in the government ; it must be called within 30 days after the 
said change in government has taken place. If the Diet has pre- 
viously been dissolved, the elections are to be hastened so that the 
new Diet may convene at the latest 60 days after the change in 
government has been effected. 

Art. 95, The regular sequence of ordinary sessions of the Diet 
can not be broken because of an extraordinary session. 

Art. 96. All the rights accruing to the Diet can only be exercised 
in the legally constituted Assembly. 

Art. 97. Upon convening, the Diet, under the presidency of its 
senior presiding member, elects a president and a vice-president for 
the transaction of business. Both elections require subsequent con- 
firmation by the Prince. 

Art, 98, The deputies and substitutes are elected for a period of 
4 years.^ 

Art. 99. The departing members of the Diet may be reconfirmed 
in so far as they were named by the Prince, or they may be reelected 
in so far as they received their membership by election. 

Art, 100, If a member of the Diet named by the Prince should 
die, lose his personal qualifications or be permanently prevented 
from attending the sessions, a new member of the Diet is named by 
the Prince. 

Art, 101. The deputies shall as a rule not be elected prior to 6 
wrecks before the convening of the Assembly. The Diet is convened 
by a princely decree in which the day and the hour of the meeting 
of the Diet shall be specified. 

1 Amended by the Law of 11 October 1901. Formerly Article 92 read: "Ordinarily 
the Diet must be summoned once a year, namely between 15 and 31 May." 

2 As amended by the Law of 19 February 1878. Formerly Article 98 read : 

" The deputies are appointed and elected for a period of 6 years. Half of those elected 
must always depart after 3 years and shall be replaced by newly elected members. 

" In the first assembly those who are to depart are chosen by lot, thereafter by se- 
quence." 



388 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 102. After having been summoned the deputies shall appear 
personally at the seat of the government, where their meeting takes 
place. Vote by proxy is not permitted. In case of legal hindrance 
the deputy in question shall notify the government thereof, if pos- 
sible before the opening of the Diet. If the hindrance is permanent, 
a substitute must be summoned. 

Art. 103. The Diet is opened by the Prince in person or by a 
plenipotentiary with fitting ceremony, on which occasion all newly 
entering members swear the following oath : 

I swear that I will obey the Constitution and the existing laws and observe 
the welfare of the country without private considerations, according to my 
own convictions. So help me God ! 

Members who enter after the opening of the session have this oath 
administered to them by the president of the Diet. 

Art. 104. Decisions made by the Diet are to be executed as soon 
as possible and are to be published by the government at the latest 
at the time of the meeting of the Diet Committee in the month of 
August. 

The laws shall be published with the notice that they have been 
examined by the government and approved by the Diet. 

Art. 105. The Diet is closed by the Prince in person or by a 
princely commissioner. 

Art. 106. At the time of the dissolution of every Diet and at the 
time of the adjourning of an ordinary Diet, a Committee must be 
elected, for which the former members are again eligible, as far as 
they retain their seats in the Diet. In order to complete this elec- 
tion the Assembly must always be permitted to meet, even imme- 
diately after its dissolution. If extraordinary conditions should 
make it impossible to hold such meetings, the former members [of 
the Committee] or their representatives must continue the business 
of the Committee. 

Art. 107. No member of the Diet may be arrested in the course of 
a session without the consent of the Diet, unless he be caught in 
fiagranfe delicto. 

In the latter case the Diet shall immediately be informed of the 
reasons for the arrest which has occurred. 

Art. 108. If a member of the Diet should be arrested during the 
last 6 weeks before the opening of the Diet, the Committee shall 
immediately be informed of the reasons for the arrest. 

Art. 109. During a session of the Diet the deputies receive from 
the public treasury a suitable per diem allowance. 

Chapter VIII. — The Diet Committee. 

Art. 110. As long as the Diet is not in session, there will be a 
Committee to take its place and to transact all business which re- 
quires the cooperation of the populai* representation. 



LIECHTENSTEIN. 389 

Art. 111. The Diet Committee consists of the president and of 2 
other members of the Diet, one from the hig:hLands and one from the 
lowlands. In case the president is prevented, the vice-president takes 
his place, and in case the 2 Committee members are prevented, they 
are represented by substitutes.^ 

Art. 112. The members of the Committee and their substitutes are 
elected by all the deputies from their own number.^ 
Art. 113. The Commiteee has the right and the duty: 

a. To see that the Constitution is preserved, that the decisions 
of the Diet are executed and that the Diet is again called in due time 
after it has been dissolved or adjourned. 

h. To examine the public treasury reports and to submit direc- 
tions thereon to the Diet subject to the decision of the latter. 

e. To sign bonds and mortgages which are to be drawn up to the 
treasury, with reference to a previous decision of the Diet. 

d. To take charge of special commissions entrusted to it by the 
Diet, Avith reference to preparations for future transactions of the 
Diet. 

e. To report to the Prince in cases of urgency and to submit 
remonstrances, protests and complaints in case constitutional rights 
are jeopardized and violated. 

/. In accordance with the exigencies of the case, to propose the 
convening of an extraordinary Diet, which proposal Avill not be 
refused if the exigency is proved.^ 

Art. 114. The Committee can not enter into any permanent obli- 
gation for the country and is responsible to the Diet for its conduct 
of business. 

Art. 115. The Committee must meet annually in August at the 
seat of the government in order to attend to its business. 

Art. 116. The Committee must be present in toto to make its de- 
cisions valid. 

Art. 117. The duties of the Committee cease with the opening of 
the next Diet and are continued after an adjournment of the latter 
or after the close of an extraordinary session. 

Art. 118. During their sessions the members of the Committee 
draw the same per diem, allowance as is determined for the deputies 
to the Diet. 

Chapter IX.— Guarantee or the Constitution. 

Art. 119, After its proclamation the present Constitution becomes 
binding as constitutional law for all subjects of the country. 

1 Amended by the Law of 19 February 1878. 

2 Supplemented by the Law of 29 December 1895 concerning additional provisions on 
the prerogatives of the Diet Committee : "As long as the Diet is not assembled, peti- 
tions may, in urgent and important cases and on condition that the legal prerogatives 
of the princely authorities are not violated, be submitted to the Diet Committee. The 
right of initiative belonging to the Diet Committee is not affected by the aforementioned 
provisions." 



390 COISrSTITUTIONS OF THE STATES AT WAR. 

Art. 120. All laws, decrees and ordinances which are at variance 
with the content of this Constitution are hereby repealed. 

Art. 121. Without the consent of the government and the Diet no 
changes may be made in this Constitution. 

Proposals for amendments or interpretations of this Constitution, 
which may be made by the government as well as by the Diet, require 
on the part of the latter a unanimous vote of the members present in 
the Diet or a majority vote of three fourths of the members in two 
consecutive ordinary sessions of the Diet. Proposals made by the 
government are to be acted upon in the same way. 

Art. 122. If there should be doubt as to the interpretation of 
separate provisions of the Constitution which can not be removed by 
an agreement between the government and the Diet, the decision shall 
be left to the Arbitral Court of the Confederation. 

Art. 123. Every successor to the throne will, before he receives. 
hereditary homage, pronounce in a written document, in which ref- 
erence is made to his princely honors and dignity, that he will rule 
the Principality of Liechtenstein in accordance with the Constitution 
and the laws, that he will maintain its integrity and observe the 
princely rights inseparably and unchangeably. 

Art. 124. All State officers and appointed officials, as well as all 
local presidents, shall now and hereafter swear the following oath 
upon entering office : 

I swear fidelity to the Prince, obedience to the laws and observance of the 
Constitution. 

All of them, without exception, are responsible for the exact ob- 
servance of the Constitution in their sphere of activity.^ 

^ Here follow the attestation and signature of John II. 



LUXEMBURG. 

By Article 67 of tlie Act of the Congress of Vienna of 9 June 1815,^ 
tlie Grand Duchy of Luxemburg Avas assigned to the crown of the 
Netlierlands. After the Treaty of London of 19 April 1839,- the King 
of Holland took the title of King Grand-Duke and gave Luxemburg 
a separate Constitution on 12 October 1841." The draft of a new 
Constitution in 127 articles was adopted on 23 June 18-18 and sanc- 
tioned on 9 July following. But a reaction was not long in setting 
in. In 1856 William III proposed a revision of the Constitution to 
the Chamber, but the latter refused to approve the King's project. 
Whereupon he issued a decree pronouncing its dissolution and pro- 
mulgating at the same time the revised Constitution (27 November 
1856).* The German Confederation gave its approval to this coup 
d'etat (29 January 1857). Following the dissolution of the German 
Confederation (1866), the Treaty of London of 11 May 1867 estab- 
lished the neutrality of the Grand Duchy, which remained outside 
of the new North German Confederation. A new Constitution was 
promulgated on 17 October 1868 and this is the one in force today. 
The death of the King Grand-Duke William III on 23 November 
1890 resulted in the separation of the crowns of Luxemburg and the 
Netherlands on account of the difference in the laws of succession,^ 
and the crown of Luxemburg passed to Adolphus, Duke of Nassau. 
The Nassau Family Pact bears the date of 30 June 1783. A Family 
Statute {F amilienstatut) , the official text of which is in German, was 
promulgated on 16 April 1907, and a law of 10 July 1907 gave it 
the force of a law.^ 

1 French text in the British and Foreign State Papers, 2 : p. 37. 

2 French text in the British and Foreign State Papers, 27 : pp. 990-1003. and 37 : 
pp. 1320-1330. 

8 French text in the British and Foreign State Papers, 44 : pp. 869-875. 

* French text in the British and Foreign State Papers, 46 : pp. 1249-1262. 

s William's daughter succeeded to the throne of Holland, but the Salic Law governed 
succession in Luxemburg. This law, however, Is subordinate to the Nassau Family Pact, 
which provides for the succession in the case of complete extinction of males. Hence 
Marie Adelaide succeeded her father, William, the son and successor of Adolphus. 

^ This introductory paragraph is based on F. R. Dareste et P. Dareste, Les Constitu- 
tions modemes (3d edition, Paris, 1910), vol. i, pp. 150-151. 

391 



392 CONSTITUTIONS OF THE STATES AT WAR. 

CONSTITTJTION OF 17 OCTOBER 1868' 
Chapter I. — The Territory and the Grand Duke.^ 

ARTiciiE 1. The Grand Duchy of Luxemburg forms an independ- 
ent, indivisible and inalienable and perpetually neutral State.^ 

Art. 2. The limits and chief -towns of the judicial or administra- 
tive arrondissements, of the cantons and of the communes may be 
changed only by virtue of a law. 

Art. 3. The crown of the Grand Duchy is hereditary in the family 
of Nassau, conformably to the Pact of 30 June 1783, to Article 71 of 
the Treaty of Vienna of 9 June 1815 * and to Article 1 of the Treaty 
of London of 11 May 1867.^ 

Art. 4. The persoh of the Grand Duke is sacred and inviolable. 

Art. 5. The Grand Duke of Luxemburg reaches his majority at 
the age of 18 years. When he assumes the reins of government, he 
takes, as soon as possible, in the presence of the Chamber of Deputies 
or of a deputation appointed by it, the following oath : 

I swear to observe the Constitution and the laws of the Grand Duchy of 
Luxemburg, to maintain the national independence and the integrity of the 
territory, as well as public and individual liberty, as also the rights of all and 
of each of my subjects, and to employ foi- the preservation and the increase of 
the general and individual prosperity, as a good sovereign ought, all the means 
which the laws place at my disposal. So help me God ! 

Art. 6. If, at the death of the Grand-Duke, his successor is a minor, 
the regency is exercised conformablj^ to the Family Pact. 

Art. 7. If the Grand Duke finds it impossible to reign, he is pro- 
vided with a regency as in the case of minority. 

In case of vacancy of the throne, the Chamber provides provision- 
ally for the regency. 

A new Chamber, convoked in double number within the period of 
30 days, provides definitively for the vacancy. 

1 Translated by Otis G. Stanton from the French text in the British and Foreign 
fitate Papers, 58 : pp. 249-261. French test also in Dareste, op. cit., pp. 151-168, and 
Paul Posener^ Die Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 674-684. 

2 To make the text agree with actual conditions, the words "King Grand-Duke" found 
in the original text are everywhere replaced by " Grand Duke." 

3 Treaty of London of 11 May 1867, approved by the Law of 21 June 1867. 

* Article 71 of the Treaty of Vienna of 9 June 1815 (French text in the British and 
Foreign State Papers, 2 : p. 39) reads as follows: "The right and order of succession 
established between the two branches of the House of Nassau by the Act of 1783 
[German text in Martens, Recueil de Traites, 1st edition, vol. ii, pp. 405-422], called 
the Nassauisoher Ertvereln, is maintained and transferred from the four principalities 
of Orange-Nassau to the Grand Duchy of Luxemburg." 

^ Article 1 of the Treaty of London of 11 May 1867 (French text in the British and 
Foreign State Papers, 57 : p. 34) reads in part as follows : " His Majesty the King of the 
Netherlands, Grand Duke of Luxemburg, maintains the bonds which attach the said 
Duchy to the House of Orange- Nassau, by virtue of the treaties which have placed this 
State under the sovereignty of His Majesty the King Grand-Duke, his descendants 
ana successors." 



LUXEMBURG. 393 

Art. 8. At his entrance upon his functions, the Regent takes the 
following oath: 

I swear fidelity to tlu* Graiul Duke; I swear to observe rlie Constitution and 
the laws of the country. So help me God ! 

Chapter II. — The Luxemburgers and Their Rights. 

Art. 9. The quality of Luxemburger is acquired, preserved and 
lost according to the rules determined by the civil law. 

The present Constitution and. the other laws relative to political 
rights determine Avhat are, beyond this quality, the conditions neces- 
sary for the exercise of these rights. 

Art. 10. Naturalization is gi'anted by the legislative power. 

Naturalization assimilates the foreigner to the Luxemburger, for 
the exercise of political riglits. 

Naturalization granted to the father is available to his minor child, 
if the latter declares, within two years of his majority, intention to 
claim this privilege.^ 

Art. 11. There is in the State no distinction of orders. 

The Luxemburgers are equal before the law; they alone are ad- 
missible to civil and military employments, save exceptions which 
may be established by a law for particular cases. 

Art. 12. Individual liberty is guaranteed. 

No one shall be prosecuted except in the cases provided by the 
law and in the form which it prescribes. 

Outside of the case of fagrante delicto^ no one shall be arrested 
except by virtue of a judge's Avari'ant with the reasons stated therein, 
Avhich must be served at the moment of the arrest or, at the latest, 
within 24 hours. 

Art. 13. No one shall be deprived, against his will, of the judge 
whom the law assigns to him. 

Art. 14. No penalty shall be established or applied except by vir- 
tue of the law. 

Art. 15. The domicile is inviolable. No domiciliary visit shall 
take place except in the cases provided for by the law and in the 
form which it prescribes. 

Art. 16. No one shall be deprived of his property, except by 
reason of public utility, in the cases and in the manner established by 
the law and in consideration of a just and prior indemnity.- 

Art. 17. The penalty of confiscation of property shall not be es- 
tablished. 

Art. 18. The penalty of death in political matters, civil death 
and branding are abolished. 

1 Two laws (12 November 184S and 27 January 1878) govern naturalization matters. 
* Laws of 17 December 1859 and 4 March 1896 on expropriation by reason of public 
utility. 

88381—19 26 



394 coNSTiTUTioisrs or the states at wae. 

Art. 19. Liberty of religion, that of its public exercise, as well as 
the liberty to express one's religious opinions, are guaranteed, except 
for tjie repression of offenses committed on the occasion of the use 
of these liberties. 

Art. 20. No one shall be compelled to concur, in any manner 
whatever, in acts and ceremonies of a religion nor observe the rest 
days thereof. 

Art. 21. Civil marriage must always precede the nuptial bene- 
diction. 

Art. 22. The intervention of the State in the nomination and in- 
stallation of the heads of religions, the mode of nomination and 
of revocation of the other ministers of religions, the faculty for both 
to correspond with their superiors and to publish their acts, as well 
as the relations of the Church with the State, constitute the object of 
conventions to be submitted to the Chamber of Deputies for the pro- 
visions which necessitate its intervention. 

Art. 23. The State takes care that every Luxemburger receives pri- 
mary instruction. 

It creates establishments of intermediate instruction and the neces- 
sary courses of higher education. 

The law determines the means of providing for public instruction, 
as well as the conditions of supervision by the government and the 
communes ; it regulates, besides, everything relating to education.'^ 

Every Luxemburger is free to make his studies in the Grand Duchy 
or abroad and to attend the universities of his choice, under the pro- 
visions of the law on the conditions of admission to the employments 
or the exercise of certain professions. 

Art. 24. Liberty to manifest one's opinions by word in all matters 
and the liberty of the press are guaranteed, except for the repression 
of offenses committed on the occasion of the exercise of these lib- 
erties.^ 

Censorship shall never be established. 

No caution-money shall be exacted from writers, publishers or 
printers. 

Stamp-duties on native newspapers and periodical writings are 
abolished. 

The publisher, printer or distributor shall not be sued, if the 
author is known, if he is a Luxemburger and domiciled in the Grand 
Duchy. 

Art. 25. Luxemburgers have the right to assemble peaceably and 
without arms, if they conform to the laws which regulate the exercise 
of this right, without the power to submit it to a prior authorization. 

^Law of 20 April 1881 concerning compulsory education. Laws of 20 April 1881 and 
6 June 1898 on primary education. Law of 23 April 1878 on secondary education. 
2 Law of 20 July 1869 "n the press, and the Penal Code. 



LUXEMBURG. 395 

This provision does not apply to assemblies, in the open air, politi- 
cal, religious or otherwise; these assemblies remain entirely subject to 
the laws and police regulations. 

Art. 2(5. Luxemburgers have the right to form associations. This 
right shall not be subjected to any prior authorization. 

The establishment of every religious corporation must be author- 
ized by a law.^ 

Art. 27. Every one has the right to address, to the public authori- 
ties, petitions signed by one or several persons. 

The constituted authorities alone have the right to address peti- 
tions in the collective name. 

Art, 28. The secrecy of letters is inviolable. 

The law determines who are the agents responsible for the viola- 
tion of the secrecy of letters confided to the post. 

The law shall regulate the guarantee to be given for the secrecy 
of telegrams. 

Art. 29. The use of the German and French languages is optional. 
Their use shall not be limited. 

Art. 30. No prior authorization is required to enter suits against 
public functionaries for acts of their administration, except what is 
decreed with regard to members of the government. 

Art. 31. Public functionaries, to whatever order they belong, the 
members of the government excepted, shall not be deprived of their 
functions, honors and pensions, except in the manner determined by 
the law. 

Chapter III. — The Sovereign Power. 

Art. 32. The Grand Duke exercises the sovereign power con- 
formably to the present Constitution and to the laws of the country. 

SECTION 1. — the PREROGATWE OF THE GRAND DUKE. 

Art. 33. The Grand Duke exercises alone the executive power. 

Art. 34. The Grand Duke sanctions and promulgates the laws. 
He makes known his decision within 6 months from the vote of the 
Chamber. 

Art. 35. The Grand Duke appoints to the civil and military 
offices, conformably to the law, and saving exceptions established 
by it. 

No fimction salaried by the State shall be created except by virtue 
of a legislative provision. 

Art. 36. The Grand Duke makes the regulations and decrees nec- 
essary for the execution of the laws, without the power ever to sus- 
pend the laws themselves or to dispense with their execution. 

1 In practice, reUgious corporations may be freely established in the Grand Duchy ; the 
intervention of the legislature is required only if they desire to acauire civil personality. 



396 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 37. The Grand Duke commands the armed force, declares 
war and makes treaties. He informs the Chamber thereof, as soon 
as the interest and safety of the State permit it, adding suitable com- 
munications. 

Treaties of commerce and those which can burden the State or 
bind the Luxemburgers individually, and, in general, all those bear- 
ing on a matter which can only be regulated by a law, have effect 
only after having received the assent of the Chamber. No cession, 
no exchange, no addition of territory shall take place except by 
virtue of a law. 

In no case shall the secret articles of a treaty be destructive of 
the patent articles. 

Art. 38. The Grand Duke has the right to remit or to reduce the 
penalties pronounced by the judges, except what is decreed relative 
to the members of the government. 

Art. 39. The Grand Duke has the right to coin money, in execu- 
tion of the law. 

Art, 40. The Grand Duke has the right to confer titles of nobility, 
without the power ever to attach thereto any privilege. 

Art. 41. The Grand Duke confers military and civil orders, ob- 
serving in this respect what the law prescribes. 

Art. 42. The Grand Duke may cause himself to be represented by 
a prince of the blood, who shall have the title of lieutenant of the 
Grand Duke and shall reside in the Grand Duchy. 

This representative shall take oath to observe the Constitution 
before exercising his powers. 

Art. 43. The civil list is fixed at 200,000 francs per annum. It 
may be changed by law at the commencement of each reign.^ 

Art. 44. The Government House in Luxemburg and the Chateau 
of Walferdange are set aside for the residence of the Grand Duke 
during his stay within the country. 

Art. 45. The dispositions of the Grand Duke must be counter- 
signed by a responsible councilor of the crown, with the exception 
of those which have for their object the bestowal on foreigners of 
decorations not destined to recompense services rendered to the 
Grand Duchy. 

section 2. — legislation. 

Art. 46. The assent of the Chamber of Deputies is required for 
every law. 

Art. 47. The Grand Duke addresses to the Chamber proposals or 
bills which he wishes to submit for its adoption. 

^ Those figures were not changed on the accession of Grand Duke Adolphus (1891* 
and Grand Duke William (1905). 



LUXEMBURG. " 397 

The Chamber has the right to propose bills to the Grand Duke. 
Art. 48. The interpretation of laws by way of authority shall take 
place only by the law, 

SECTION 3. — JUSTICE. 

Art. 49. Justice is rendered in the name of the Grand Duke by 
the courts and tribunals. 

Decrees and judgments are executed in the name of the Grand 
Duke. ^ 

Chapter IV. — The Chamber or Deputies. 

Art. 50. The Chamber of Deputies represents the country. 

The deputies vote without consulting with their constituents and 
shall have in view only the general interests of the Grand Duchy. 

Art. 51. The organization and the mode of election of the Cham- 
ber are regulated by the law.^ 

The electoral law fixes the number of deputies according to the 
population. This number shall not exceed 1 deputy for 4,000 in- 
habitants, nor be less than 1 deputy for 5,500 inhabitants. - 

The election is direct. 

Art. 52. To be elector or eligible, it is necessary : 

1. To be a Luxemburger by birth or to be naturalized. 

2. To enjoy civil and political rights. 

3. To be 25 years of age. 

4. To be domiciled within the Grand Duchy. 
No other condition of eligibility shall be required. 

To be elector, there must be joined to these four conditions those 
determined by the law and there must be paid, besides, the qualifi- 
cation tax, to be fixed, which shall not exceed 30 francs nor be less 
than 10 francs.^ 

Art. 53. The following shall not be electors nor eligibles : 

1. Those condemned to corporal or infamous punishment. 

2. Those who have been condemned for theft, sAvindling or 
breach of trust. 

3. Those who obtain aid from a public charitable institution. 

4. Those who are in a state of declared bankruptcy, bankrupts 
and interdicts, and those for whom judicial counsel has been named. 

^Electoral Code of 5 March 1884 (203 articles) governs legislative and communal 
elections. This code was amended successively in 1885, 1886, 1892, 1901, 1904 and 1906. 

2 According to Article 176 of the Electoral Code, cantons elect 1 deputy for each 5,000 
inhabitants, fractions over 3.000 counting as 5.000. The number of deputies at present 
is 50. 

^ The electoral qualification tax, after having l)eeu reduced from 30 to 15 francs by the 
Law of 30 .Tune 1892, was further reduced to the minimum of 10 francs by the Law of 
22 June 1901 (Electoral Code, Article 1). 



398 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 54. The mandate of deputy is incompatible : 

1. With the functions of member of the government. 

2. With those of prosecuting magistrates. 

3. With those of member of the Chamber of Accounts. 

4. With those of district commissioner. 

5. With those of receiver or accountable agent of the State. 

6. With military functions above the grade of captain. 

The functionaries finding themselves in a case of incompatibility 
have the right to choose between the mandate confided to them and 
their functions. 

Art. 55. The incompatibilities provided by the preceding article 
do not constitute an obstacle to the establishment of others by the law 
in the future.^ 

Art. 56. Deputies are elected for 6 years. They are renewed by 
halves every 3 years, according to the order of the series determined 
by the electoral law. 

In case of dissolution, the Chamber of Deputies is renewed inte- 
grally. 

Art. 57. The Chamber verifies the powers of its members and de- 
cides the contests which arise on this subject. 

On their entrance into oflfice, they take the oath which follows : 

I swear fidelity to the Grand Duke, obedience to tlie Constitution and to the 
laws of the State. So help me God ! 

This oath is taken in public session, under the direction of the 
president of the Chamber. 

Art. 58. The deputy, appointed by the government to a salaried 
position which he accepts, ceases inunediately to sit, and resumes his 
functions only by virtue of a new election. 

Art. 59. All laws are submitted to a second vote, unless the Cham- 
ber, in accord with the Council of State, sitting in public session, de- 
cides otherwise. 

There shall be an interval of at least three months between the two 
votes.^ 

Art. 60. At each session the Chamber names its president and its 
vice-president, and organizes its bureau. 

Art. 61. The meetings of the Chamber are public, with the excep- 
tions to be determined by regulations, 

1 Article 8 of the Law of 8 May 1872 on the rights and duties of functionaries reads 
as follows: "The exercise of public functions undfer the pay of the State is incompatible 
with the mandate of deputy. The acceptance of this mandate entails by that very fact 
the resignation of public functions." A law of 18 February 1885 (Article 100) decided 
that the functions of the judicial order would henceforth be incompatible with those 
of deputy. 

2 After the vote on a bill as a whole, the president consults the Chamber as to whether 
there should or should not be a second vote. If the Chamber decides on a second vote, 
the bill is sent to the Council of State which decides in its turn whether there should 
or should not be a second vote. 



LUXEMBUKG. 399 

Art, 62. Every resolution is carried by an absolute majority of the 
votes. In case of a tie vote, the proposition under consideration is 
rejected. 

The Chamber may pass a resolution only so long as a majority of 
its members are present. 

Art. 63. The votes are cast aloud or by sitting and rising. On 
the laws as wholes the vote is always taken by roll-call and aloud. 

Art. 64. The Chamber has the right of inquiry. The law regu- 
lates the exercise of this right. 

Art. 65. A bill can be adopted by the Chamber only after having 
been voted article by article. 

Art. 66. The Chamber has the right to amend or to divide the 
articles and the amendments proposed. 

Art. 67, It is forbidden to present petitions to the Chamber in 
person. 

The Chamber has the right to return to the members of the govern- 
ment the j)etitions which are addressed to it. 

The members of the government shall give explanations on their 
contents whenever the Chamber shall request it. 

The Chamber does not occupy itself with any petition having in- 
dividual interests for its object, unless it tend to the redressing of 
grievances resulting from illegal acts admitted by the government 
or the authorities, or the decision to intervene be within the com- 
petence of the Chamber. 

Art. 68. No deputy can be prosecuted or investigated because of 
opinions and votes put forth by him in the exercise of his functions. 

Art. 69. No deputy can, during the continuance of the session, be 
prosecuted or arrested by way of repression, except with the authori- 
zation of the Chamber, save in case of flagrante delicto. 

No bodily constraint can be exercised against one of its members 
during the session, except with the same authorization. 

The detention or the prosecution of a deputy is suspended during 
the session and for all its length, if the Chamber requires it. 

Art, 70. The Chamber determines by its own regulations the mode 
according to which it exercises its attributions,^ 

Art, 71. The meetings of the Chamber are held in the place of 
residence of the administration of the Grand Duchy, 

Art, 72. The Chamber meets each year in ordinary session at the 
time fixed by the regulations,^ 

The Grand Duke can convoke the Chamber in extraordinary 
session. 

1 These regulations bear the date of 5 December 1877. 

° The ordinary session begins the first Tuesday after 3 November. 



400 coisrsTiTUTioisrs of the states at war. 

Every session is opened and closed by the Grand Duke in person, 
or else in his name by a legal representative appointed for this 
purpose. 

Art, 73. The Grand Duke can adjourn the Chamber. However, 
the adjournment can not exceed the term of a month, nor be renewed 
in the same session, without the assent of the Chamber. 

Art. 74. The Grand Duke can dissolve the Chamber. 

New elections are proceeded with within three months of the disso- 
lution at the latest. 

Art. 75. There is granted to each deputy out of the treasury of the 
State, by way of indemnification, a sum of five francs per day of 
attendance or for traveling expenses. Those who live in the city 
where the session is held do not enjoy any indemnification. 

Chapter V. — The Government or the Grand Duchy. 

Art. 76. The Grand Duke regulates the organization of his govern- 
ment, which is composed of at least 3 members,^ 

There shall be, besides the government, a Council called to delib- 
erate on the bills and the amendments which might be proposed 
thereto to regulate questions of administrative litigation, and to give 
its advice on all other questions w^hich shall be referred to it by the 
Grand Duke or by the laws. 

The organization of this Council and the manner of exercising its 
attributions are regulated by the law.- 

Art. 77. The Grand Duke appoints and recalls the members of the 
government. 

Art. 78. The members of the government are responsible. 

Art. 79. There is between the members of the government and the. 
Grand Duke no intermediary authority.^ 

Art. 80. The members of the government or the commissioners 
which replace them have admittance to the Chambers, and must be 
heard when they request it. 

The Chamber can request their presence. 

Art. 81. In no case can the oral or written order of the Grand 
Duke release a member of the government from responsibility. 

Art. 82. The Chamber has the right to accuse the members of the 
government. 

^Two decrees (9 July 1857 and 16 November 1878) organize the government. A 
decree of 8 February 1878 organizes the bureaux of the government. Since 1901 there 
are six divisions of the public service. 

2 Organic Law of the Council of State of 16 January 1866. 

3 In spite of this constitutional provision, a Law of 11 December 1872 organized a 
secretariate to serve as intermediary between the sovereign and the government. This 
secretariate sat at The Hague, but, since the personal union between Luxemburg and the 
Netherlands ceased, it sits in Luxemburg. 



LUXEMBURG. 401 

A law shall determine the cases of responsibility, the penalties to be 
inflicted and the mode of proceedure, either on the accusation ad- 
mitted by the Chamber or on the prosecution by the injured parties.^ 

Akt. 83. The Grand Duke can pardon a convicted member of the 
government only on the request of the Chamber. 

Chapter VI. — Justice.- 

Art. 84. Disputes which have civil rights for their object are 
exclusively within the jurisdiction of the tribunals. 

Art. 85. Disputes which have political rights for their object are 
within the jurisdiction of the tribunals, save for exceptions estab- 
lished by the law. 

Art. 86. No tribunal or contentious jurisdiction can be established 
except by virtue of a law. No commissions or extraordinary tribunals 
under any denomination whatsoever can be created. 

Art. 87. The organization of a Superior Court of Justice is pro- 
vided for by a law. 

Art. 88. The hearings of the tribunals are public, unless this pub- 
licity be dangerous for order or morals, and, in this case, the tribunal 
declares it by a judgment. 

Art. 89. Every judgment states the grounds therefor. It is pro- 
nounced in public audience. 

Art 90. Justices of the peace and judges of the tribunals are ap- 
pointed directly by the Grand Duke. 

The counselors of the court and the presidents and vice-presidents 
of the tribunals of arrondissement are appointed by the Grand Duke 
on the advice of the Superior Court of Justice. 

Art. 91. The judges of the tribunals of arrondissement and the 
counselors are appointed for life. 

No one of them can be deprived of his position or suspended ex- 
cept by a judgment. 

The removal of one of these judges can take place only by a new 
nomination and with his consent. 

However, in case of infirmity or of misconduct, he can be sus- 
pended, recalled or removed, following the conditions determined by 
the law. 

Art. 92. The salaries of members of the judicial order are fixed 
by law. 

Art. 93. Except in cases provided by the law, no judge can accept 
salaried functions from the government, unless he exercises them 
gratuitously, without prejudice however to the cases of incompati- 
bility determined by the law. 

^ These accusations are carried before the Superior Court of Justice. 

2 Organic Law of 18 February 1885 on the organization of the judiciary 



402 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 94. Particular laws regulate the organization of military- 
tribunals, tlieir attributions, the rights and obligations of the mem- 
bers of these tribunals and the duration of their functions. 

There may be tribunals of commerce in places determined by the 
law. It regulates their organization, their attributions, the mode of 
nomination of their members and the duration of the functions of 
these last. 

Art. 95. The courts and tribunals apply general and local decrees 
and regulations only so far as they are in conformity with the laws. 

The Superior Court of Justice shall regulate conflicts of attribu- 
tions according to the manner determined by the law. 

Chapter VII. — The Public Force. 

Art. 96. Everything concerning the armed force is regulated by 
the law.^ 

Art. 97. The organization and the attributions of the gendarmery 
constitute the object of a law. 

Art. 98. A civic guard can be formed whose organization is regu- 
lated by the law. 

Chapter VIIL— Finances. 

Art. 99. No impost to the profit of the State can be established ex- 
cept by law. 

No loan to the profit of the State can be contracted without the 
assent of the Chamber. 

No real estate of the State can be alienated, if the alienation is not 
authorized by the law. 

No creation to the profit of the State, of a road, canal, railroad, 
great bridge or considerable vessel can be decreed except by virtue of 
a special law. 

No charge burdening the budget of the State for more than one 
fiscal period can be established except by a special law. 

No communal charge or imposition can be established except with 
the consent of the communal council. 

The law determines the exceptions, which experience shall demon- 
strate necessary with regard to communal imposition. 

Art. 100. Imposts to the profit of the State are voted annually. 

The laws which establish them have force only for one year, if they 
are not renewed. 

Art. 101. No privilege can be established in the matter of imposts. 

No exemption or moderation can be established except by a law. 

Art. 102. Outside of the cases formally excepted by the law, no 
payment can be exacted from citizens or public establishments except 
by right of impost to the profit of the State or of the commune. 

1 Law of 16 February 1881 on the organization of the armed force. 



LUXEMBUEG. 403 

Art. 103. No pension, retainer or gratuity at the expense of the 
treasury can be accorded except by virtue of the law. 

Art. 104. Each year the Chamber decrees the law of accounts and 
votes the budget. 

All the receipts and expenditures of the State must be carried in 
the budget and in the accounts. 

Art. 105. A Chamber of Accounts is charged with the examina- 
tion and the liquidation of the accounts of the general administra- 
tion and of all those accountable to the public treasury. 

The law regulates its organization, the exercise of its attributions 
and the mode of nomination of its members.^ 

The Chamber of Accounts sees to it that no article of expenditure 
of the budget is exceeded. 

No transfer from one section of the budget to another can be made 
except by virtue of a law. 

However, members of the government can effect, in their offices. 
i ransf ers of surpluses from one article to another in the same section, 
on condition that they justify them before the Chamber of Deputies. 

The Chamber of Accounts agrees on the accounts of the different 
administrations of the State and is charged with collecting for this 
purpose all necessary information and vouchers. The general ac- 
count of the State is submitted to the Chamber of Deputies with the 
observations of the Chamber of Accounts.^ 

Art. 106. The salaries and pensions of ministers of religions are at 
the expense of the State and regulated by the law. 

Chapter IX. — The Communes.^ 

Art. 107. There shall be in each comjnune a communal council 
elected directly by the inhabitants having the qualifications required 
to be electors; the composition, organization and attributions of 
this council are regulated by the law. 

The burgomaster is appointed and recalled by the Grand Duke, 
who can choose hun. outside of the council. 

The communal council decides on all that is of purely communal 
interest, excepting the approval of its acts in the cases and in the 
manner which the law determines. 

The communal agents or employees, those of the municipal, for- 
estry and rural police are appointed and recalled in the manner 
determined by the law. 

iLaws of 9 January 1852 and 27 January 1865. 

2 Law of 9 January 1852 on the accountability of the State. 

' Law of 24 February 1843 on the organization of communes and districts, amended 
by the Laws of 15 November 1854 and 10 December 1860, by the Law of 2 December 
1861, by the Constitution and by the Law of 5 March 1884. The communal elections 
are governed by the Law of 5 March 1884 on legislative and communal elections. The 
qualification tax of electors in communal matters is 10 francs of direct imposts. See 
notes under Articles 51 and 52, above. 



404 CONSTITUTIONS OF THE STATES AT WAR. 

No communal tax can be established or suppressed without the 
authorization of the Grand Duke. 

The accounts and budgets are made public. 

The Grand Duke can suspend or annul the acts of the communal 
authorities which exceed their attributions or which are contrary to 
the law or general interest. The law regulates the consequences of 
this suspension or annulling. 

The Grand Duke has the right to dissolve the council. 

Akt. 108. The editing of the acts of the civil State and the keeping 
of the registers are exclusively among the attributions of the com- 
munal authorities. 

Chapter X. — Geneeal Provisions. 

Art. 109. The city of Luxemburg is the capital of the Grand 
Duchy and the seat of government. 

The seat of government can not be removed except temporarily, for 
grave reasons. 

Art. 110. No oath can be imposed except by virtue of the law ; it 
determines the formula thereof. 

All civil public functionaries, before entering upon office, take the 
following oath: 

I swear fidelity to tlie Grand Duke, obedience to tlie Constitution and to 
the laws of tlie State. So help me God .' 

Art. 111. Every foreigner within the territory of the Grand 
Duchy enjoys the protection accorded to persons and to property, 
save exceptions established by the law. 

Art. 112. No law, or decree or regulation of general or communal 
administration, is obligatory except after having been published in 
the form determined by the law. 

Art. 113. No provision of the Constitution can be suspended. 

Art. 114. The legislative power has the right to declare that there 
is occasion to proceed to the revision of such constitutional provision 
as it designates. 

After this declaration, the Chamber is dissolved ipso facto. 

A new one shall be convoked, conformably to Article 74 of the 
present Constitution. 

This Chamber determines in common accord with the Grand Duke 
on the points submitted for revision. 

In this case the Chamber shall not have power to deliberate, if 
at least three fourths of the members who compose it are not present, 
and no change shall be adopted, if it does not receive at least two 
thirds of the votes. 

Art, 115. No change in the Constitution can be made during a 
regency. 



LUXEMBURG. 405 

Chapter XI. — Transitory and Supplementary Provisions. 

Art. 116. Until provision is made by a law, the Chamber of Depu- 
tes shall have the discretionary power to accuse a member of the 
government, and the Superior Court, in general assembly, shall try 
him, characterizing the offense and determining the penalty. 

Nevertheless, the penalty must not exceed that of imprisonment, 
without prejudice to the cases expressly provided for by the penal 
laws. 

The councilors of the court forming part of the Chamber shall 
abstain from all participation in the procedure and the judgment. 

Art. 117. From the day when the Constitution shall be executory, 
all laws, decrees, orders, regulations and other acts which are con- 
trary to it are abrogated. 

Art. 118. The death penalty, abolished in political matters, is 
replaced by the penalty immediately inferior, until it is determined 
upon by the new laAv. 

Art. 119. While awaiting the conclusion of the conventions pro- 
vided by Article 22, the present provisions relative to religious 
worship remain in force. 

Art. 120. Until the promulgation of the laws and regulations 
provided by the Constitution, the laws and regulations in force con- 
tinue to be applied. 

Art. 121. The Constitution of the Estates of 12 October 1841 is 
abolished. 

All the authorities preserve and exercise their attributions, until 
it shall have been otherwise provided conformably to the Consti- 
tution.^ 

1 Here follow the signatures of the Grand Duke and five State oflScials. 



MONTENEGRO. 

The Principality of Montenegro was not established in its present 
form until 1/13 January 1852, Three years later a general Code in 
95 articles was promulgated. This Code was a sort of compendium 
of all the national institutions, political as well as civil, penal and 
financial, and it proclaimed the equality of all citizens before the 
law, the inviolability of their rights, as well as regulated the suc- 
cession to the throne. In 1868 a beginning in constitutional reform 
was inaugurated, when certain financial powers and the direction 
of administrative affairs were conferred upon a Senate. Eleven 
3'ears later the Prince abolished the Senate and created a Council 
of State, composed of eight members, half elected by the Prince, 
half by all the male inhabitants bearing or having borne arms. 
The legislative and executive powers were exercised, in accord with 
the sovereign, by this Council of State and by a Council of Min- 
isters. The independence of Montenegro had just been recognized 
by Article 26 of the Treaty of Berlin of 13 July 1878.^ Two articles 
of this treaty imposed upon Montenegro equality of religious con- 
fessions (Article 27) and inviolability of property (Article 20), 
The present Constitution was granted by a Proclamation of 18/31 
October 1905. A Chamber of 62 deputies was elected on 14 Novem- 
ber, and the Prince took oath before it to the new Constitution in 
the meeting of 6 December.^ 



CONSTITUTION OF 6/19 DECEMBER 1905.^ 
[Preamble.] 

We, Nicholas I, by the grace of God Prince and Hospodar of 
Montenegro, grant and publish this Constitution for the Principality 
of Montenegro. 

1 French text in the British and Foreign State Palters, 69 : pp. 749-767 ; English 
translation in Edward Heetslet, Map of Europe iy Treaty, vol. iv (London, 1891). 
pp. 2759-2799. 

^ This introductory paragraph is based upon F. R. Dareste et P. DarestEj Les Con- 
stitutions modernes (3d edition, Paris, 1910), vol. ii, pp. 294-295. 

3 Translated by Otis G. Stanton from the French text in the British and Foreign State 
Papers, 98 : pp. 419-440. German translation in Paul Posbnee, Die Staatsverfassungen 
des Erdlalls (Charlottenburg, 1909), pp. 685-705. 

407 



408 coNSTiTUTioisrs or the states at war. 

Part I. — The Form or Government; the Prince Hospodar; the 
Territory and Religion or the State. 

Article 1. The Principality of Montenegro is an hereditary and 
constitutional monarchy with national representation. 

Art. 2. The Prince Hospodar is head of the State and, as such, 
possesses all the rights of the supreme power and exercises them ac- 
cording to the provisions of the present Constitution. His person 
is inviolable and irresponsible. He can not in any case be impeached. 

Art, 3. The Prince Hospodar exercises the legislative power in 
concert with the national representation. 

Art. 4. The Prince Hospodar sanctions and promulgates the laws. 
No law can come into force unless the Prince Hospodar sanctions 
and promulgates it. 

Art. 5. The Prince Hospodar is the supreme head of the army. 

Art. 6. The Prince Hospodar is the protector of all the religions 
recognized in Montenegro. 

Art. 7. The Prince Hospodar represents the country in all its rela- 
tions with foreign States. He declares war, concludes treaties of 
peace and alliance and communicates them to the national represen- 
tation in so far as and when the interests and securit}- of the country 
permit it. For treaties of commerce, for those whose execution exacts 
outlays of money from the treasury, necessitates a modification of the 
laws of the country, or limits the private and public rights of Monte- 
negrin subjects, the approval of the Skupshtina ^ is necessary. 

Art. 8. The Prince Hospodar appoints all the funtionaries of the 
State. All the authorities of the country exercise their functions in 
his name and under his supreme surveillance. 

Art, 9. The Prince Hospodar confers the military grades conform- 
ably to the provisions of the laws. 

Art. 10. The Prince Hospodar has the right to coin money. 

Art, 11. The Prince Hospodar confers decorations, titles and 
other distinctions. 

Art, 12. The Prince Hospodar has the right of amnesty. 

Art, 13, The Prince Hospodar has the pardoning power in crim- 
inal cases; he can mitigate, diminish, or completely remit penalties. 

There can be no suspension of examination and trial in progress, 
for non-political criminals. 

Art. 14. The Prince Hospodar and his family must belong to the 
Eastern Orthodox religion. 

Art. 15. The heir apparent and the other members of the reigning 
family can not marry without the permission of the Prince Hospodar. 

Art. 16, The Prince Hospodar resides in the country, and if, in 
case of necessity, he leaves Montenegro, for some time, he is repre- 

^ The name of the National Assembly. 



MONTENEGRO. 409 

sent'-^d by tlie Cro^^ n Prince. In cuse the latter should be prevented 
from representing the Prince Hospodar, the constitutional authority 
of the Principality shall be exercised by the Council of Ministers, 
conformably to the instructions which the Prince Hospodar shall 
have given them within the limits of the Constitution. The Prince 
Hospodar announces to the people by a proclamation his departure 
from the country and the nomination of his representative. 

Akt. 17. The Prince Hospodar convokes the National Skupshtina 
in ordinary or extraordinary session. He opens and closes the meet- 
ings of the National Skupshtina personally by a discourse from the 
throne, and through the medium of the Council of Ministers by 
means of a message or ukase. The Prince Hospodar has the right 
to adjourn the National Skupshtina and to dissolve it. Thi> ukase 
of adjournment and of dissolution of the Skupshtina must be coun- 
tersigned by all the ministers. 

Art. 18. In Montenegro Prince Nicholas I Petrovitch Niegosch ^ 
reigns. 

Under the name of reigning house is included: the Sovereign 
l*i'ince, the Sovereign Princess, the Crown Prince, the Crown 
Princess. 

Members of the reigning house are: the father and the grand- 
father of the Sovereign Prince, the ascendants in direct line, then 
the sons, the brothers, the wives of the brothers, the daughters, the 
sisters, the nephews (sons of the brothers), the grandsons and the 
granddaughters. 

No other relative, either by blood or by marriage, is considered 
a member of the reigning family and can not, by conseci[uence, en- 
joy any prerogative or any right of preference over the other Monte- 
negrin subjects. 

Art. 19. The male descendants are called to the succession by 
order of primogeniture as it is prescribed by the special statute of 
family on the succession to the, throne. 

Art. 20. The Prince Hospodar and the heir to the throne attain 
their majority at 18 years of age. 

Art, 21, In case of death of the Prince Hospodar, the heir to 
the throne immediately takes the power as Prince Hospodar of 
Montenegro and notifies the people of his accession to the throne 
by a proclamation. 

He convokes the National Skupshtina within the thirty days fol- 
lowing the death of the late Prince Hospodar in order to take be- 
fore it the oath prescribed by the Constitution, In case the Skupsh- 
tina should be dissolved without the new one having been yet 
elected, it is the old one which should be assembled for this purpose. 

» Sf e the Law of 28 August 1910 (p. 429, below), which proclaimed Prince Nicholas 
King. 

88381—19 27 



410 CONSTITUTIONS OF THE STATES AT WAR. 

It would be the same if the Prince Hospodar abdicated during his 
lifetime in favor of his heir. 

Art. 22. In taking possession of the power, the Prince Hospodar 
takes before the National Skupshtina the following oath: 

In ascending the throne and taking possession of the power as Prince Hos- 
podar of Montenegro, I swear before the Almighty God and before all the 
Saints to defend the Constitution, to govern according to the Constitution and 
the laws and, in all my tendencies and my acts, to have the well-being of the 
country before my eyes. 

As I have sincerely sworn, may God aid me and the Holy Gospel and this 
cross which I embrace with faith and love. Amen. 

Art. 23. If at the death of the Prince Plospodar the heir to the 
throne is not of age, the constitutional princely authority shall be 
exercised until his majority by a regency composed of three members. 

Art. 24. The regents are appointed by the Prince Hospodar in his 
will ; if he has not made provision in this regard, by the Skupshtina. 

Art. 25. The testament by which the Prince Hospodar nominates 
the regents of the Prince must be written and signed by his own 
hand, 

The members of the Council of Ministers sign as witnesses on the 
back of the testament. 

The testament must be written in triplicate which, sealed under 
the seal of the Prince Hospodar, are deposited one with the Council 
of State, one with the Supreme Tribunal, and the third in the hands 
of the Keeper of the Seals. 

Art. 26. If the Prince Hospodar has not designated the regents by 
his testament, the constitutional authority is exercised provisionally 
by the Council of Ministers, which announces it by a proclamation 
and convokes the Skupshtina for the election of the prince regents, 
a month, at the latest, from the day of the death of the Prince 
Hospodar. 

Art. 27. If the Princess Mother is living, she must constitute part 
of the regency and the National Skupshtina chooses the other two 
regents. 

Art. 28, The regents are chosen solely from among subjects Monte- 
negrin by birth; they must be of the Orthodox religion, enjoy all the 
civil rights, be forty years old, be ministers, or councillors of State, 
or envoys accredited to a foreign court, presidents of the Supreme 
Tribunal or of the Control General of the State or brigadiers; or 
have exercised one of these functions. 

Art. 29. The election of the regents is always done by secret 
ballot. 

Art. 30. The regents receive per annum, as salary, the fifth of the 
civil list of the Prince Hospodar, which they divide among them- 
selves in equal parts. 



MONTENEGRO. 411 

The regents before taking possession of the princely authority 
take oath that they will be faithful to the Prince Hospoclar, and that 
they will govern according to the Constitution and the laws of the 
country; after which they announce by a proclamation, the taking 
possession of the princely autliority. If they are named by the 
testament, they take the oath before the Skupshtina, which they 
must convoke, at the latest, a month after the death of the Prince 
Hospodar; in the other case they take the oath before the Skup- 
shtina which has elected them. 

Art. 31. During the n:iinority of the Prince Hospodar, no change 
can be made in the Constitution. 

Art. 32. If one of the regents dies or is prevented from exercis- 
ing his functions, he is replaced by the President of the Council of 
State. 

Art. 33. The princely regency shall direct the education of the 
minor Prince Hospodar, 

Art. 34. If the Prince Hospodar dies without leaving male de- 
scendants and the Princess is pregnant, the princely power shall be 
exercised provisionally to the moment of the delivery, by the Presi- 
dent of the Council of State, the President of the Council of Minis- 
ters and the President of the Supreme Tribunal ; after the delivery 
the princely regents shall be elected conformably to Article 28 of 
the present Constitution. 

Art. 35. The civil list of the Prince Hospodar is fixed by a 
law. It can not be increased without the authorization of the 
Skupshtina nor diminished without the consent of the Prince Hos- 
podar, 

Art. 36. The territory of the Principality of Montenegro can 
not be divided or alienated. Its frontiers can be neither diminished 
nor modified without an agreement between the Prince Hospodar 
and the Skupshtina. 

Art. 37. Montenegro is divided into departments, the depart- 
ments into arrondissements, the arrondissements into communes. 

Art. 38. The arms of the Principality of Montenegro are the two- 
headed white eagle, surmounted by the imperial crown, holding in 
his talons, the imperial scepter at the right and the globe at the 
left ; on the breast, a silver lion on a field of gules. 

Art, 39. The national colors are: Eed. blue, white. 

Art, 40, The State religion of Montenegro is the Eastern Ortho- 
dox, The Montenegrin Church is autocephalous. 

It does not depend on any foreign church, but it preserves unity 
of dogmas with the CEcumenical Eastern Orthodox Church, 

All the other recognized religious confessions are free in Mon- 
tenegro, 



412 CONSTITUTIONS OF THE STATES AT WAE. 

Part II. — The National Representation. 

Art. 41. The national representation is the Skupshtina. It re- 
places the meetings, the assemblies and the conferences hitherto 
existing in Montenegro. 

Art. 42. The Prince Hospodar convokes the Skupshtina regularly 
every year on Saint Luke's Daj" (18/31 October), and designates 
the locality where it is to meet. He can also convoke it in extraor- 
dinary session, if grave and urgent affairs of State demand it. 

Art. 43. The deputies are elected for four years. 

Art. 44. If the elections take place after the dissolution of the 
National Skupshtina, the period of four years begins the day of the 
inauguration of the Skupshtina newly elected. 

Art. 45. The Skupshtina is composed of deputies elected by the 
people and of deputies who form part of it because of their position, 
namely, the Metropolitan of Montenegro, the Archbishop of Antivari 
(Serbian Primate), tlie Mufti of MontenegTo, the President and the 
members of the Council of State, the President of the Supreme Tri- 
bunal, the President of the Control General of the State and three 
brigadiers appointed b}^ the Prince Hospodar. 

Art. 46. The elections of deputies are direct. 

Art. 47. Each arrondissement and each chief-town of depart- 
ment, also the city Dulcigno, elects one deputy each. 

Art. 48. Every Montenegrin citizen of age is elector by right, 
without regard to the sum which he paj^s as taxes. 

Art. 49. The following Montenegrin citizens lose temporarily their 
electoral rights : 

1. Those who are sentenced to prison, until they have recovered 
their civil rights. 

2. Those who are, as a consequence of some transgression, con- 
demned to the loss of civil honors, this during the continuance of 
the penalty. 

3. Bankrupts. 

4. Those who are under guardianship. 

5. Those who have entered the service of a foreign State without 
the authorization of the Montenegrin government. 

Art. 50. The officers, non-commissioned officers and soldiers of the 
active army are not electors. 

Art. 51. The vote is essentially personal and can not be cast except 
in one single place, nameh'^, in the arrondissement or the city where 
the elector is registered. 

Art. 52. Every citizen who does not have the right to vote is in- 
eligible. 

Art. 53. Every Montenegrin citizen to be eligible must be thirty 
years old, have his domicile fixed in Montenegro (exceptions made 



MONTENEGRO. 413 

for those who live abroad, charged with some official mission), 
enjoy all the civil rights, and pay to the State at least 15 crowns per 
annum under the form of contributions or of impost, or of contribu- 
tions and impost together. 

Art. 54. Functionaries forming ])art of the administrative au- 
thorities (police) are ineligible. 

Akt. 55. All deputies nuist live in Montenegro, but they are not 
obliged to reside in the arrondissement or in the city where they have 
been elected. 

Art. 56. To be proclaimed deputy-elect in an arrondissement or a 
city, it is necessary to obtain the absolute majority of the votes cast. 

Art. 57. If no candidate obtains the absolute majority, the elec- 
tion is recommenced, limited to the two candidates having obtained 
the largest number of votes ; in case of tie, lot decides. 

Art. 58. Every candidate elected in two or more districts must 
choose before the Skupshtina. In the other districts, where he had 
been elected, they proceed to a new election not later than within a 
month. 

Art. 59. In case of invalidation, of resignation, or of death, com- 
plementary elections must be held, not later than a month from the 
day when the seat became vacant. 

Art. 60. Each deputy represents the entire nation and not solely 
his electors. 

Thus the electors can not give an imperative mandate to the deputy, 
to wdiom his experience and his conscience must alone dictate his 
acts and his orders. 

Art. 61. In its first meeting, under the presidency of the oldest 
member, the Skupshtina is divided by drawing lots into committees 
which shall each elect a member to serve on the commission charged 
with the verification of the mandates of the deputies. 

Art. 62. Only the National Skupshtina verifies the mandates of its 
members, and validates or invalidates them. 

Art. 63. All deputies, on entering upon office, take the following 
oath : 

I swear before the only God to he faithful to the Prince Hospodar, to defend 
faithfully the Constitution and to have in view in tlie exercise of my functions 
only the prosperity of the Prince Hospodar and of the country. May God aid 
me tlien in this world and in tlie other. 

Art. 64. The National Skupshtina, every time it is convoked, 
chooses among its members and by secret vote a president, a vice- 
president and two secretaries. 

Art. 65. The Prince Hospodar opens and closes the National 
Skupshtina. He can inaugurate it personally by a discourse from the 
throne, or through the medium of the Council of Ministers by a mes- 
sage or by a ukase. 



414 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 66. The Prince Hospodar can adjourn the National Skup- 
shtina which has been convoked, but for a period not exceeding more 
than three months ; he can also dissolve it and cause new elections to 
be held. 

The new elections must take place at the latest within a period of 
four months and the new Skupshtina must be convoked at the latest 
six months after the dissolution. 

Art. 67. The National Skupshtina responds by an address to the 
discourse from the throne by which the Prince Hospodar inaugurates 
the session. 

Art. 68. The meetings of the Skupshtina are held publicly or 
with closed doors.. The doors must be closed on request of the Presi- 
dent of the Skupshtina, of the government, or of ten deputies. 

Art. 69. The Skupshtina can deliberate or debate only if more 
than half of all the deputies are present at the meeting. Its decisions 
to be valid, must be adopted by the absolute majority of the votes 
cast. 

Art. To. The vote of the Skupshtina is by roll-call and by stand- 
ing and sitting, exception being made for the cases provided by 
Articles 29 and 64 of the Constitution. 

Part III.^ — The Competence of the National Assembly. 

Art. 71. The legislative power is exercised by the Skupshtina and 
the Prince Hospodar. 

Art. 72. Within the competence of the National Skupshtina are 
all questions reserved to it by the Constitution, and those which the 
Prince submits to it by special right through the intermediary of the 
government. 

Art. 73. No law can be promulgated or abrogated or modified or 
considered as obligatory without the consent of the National 
Skupshtina. 

Art. 74. Orders relative to putting in force laws, even those which 
the Prince Hospodar promulgates by virtue of his supreme right of 
sovereignty and control, are given by the executive power. 

The approval of the Skupshtina must be mentioned in each decree 
of promulgation of law. Decrees for putting laws in force must 
make mention of the law from which they are derived. 

Art. 75. If in the interval between parliamentary sessions the 
security of the State should be menaced by external or internal 
dangers, the Prince Hospodar would have the right to take, on the 
proposal of the Council of Ministers, all the measures necessary for 
the safeguarding of the country ; his decisions shall have the force of 
law. These laws extraordinarily promulgated should be notified to 
the Skupshtina at its first meeting. 



MONTETSTEGKO. 415 

Art. 76. The laws and decrees promuloated b}^ the Prince Hos- 
podar in virtue of Articles 74 and 75 of the present Constitution are 
equally oblig:atory for all the citizens and for all the authorities. 

Art. 77. No impost or contribution, direct or indirect, can, in any 
case, bo established or notified without the approval of the Skup- 
shtina. 

Art. 78. Tlie goverinnent can make to the Skupshtina and the 
Skupshtina can make to the government any proposition relative to 
the creation of a noAv law. or to the modification or the completion 
or the interpretation of an already existing law, but definitive 
projects can be presented only by the government. The government 
only can submit to the Skupshtina the proposal to grant a gift, a 
recompense, or a subvention. 

Art. 79. The ministers have the right to be present at the sessions 
of the Skupshtina. They can take part in all the discussions of the 
order of the day, have the floor at their request, and possess the right 
to speak, in the last resort, after the close of the discussion. 

Art. 80. The Prince Hospodar can delegate, on the proposal of a 
minister, commissioners of the government, who shall be able to in- 
tervene in the discussions of the National Skupshtina, whether in- 
stead of said minister or with him, and give the Skupshtina the 
explanations which it may demand. 

These commissioners enjoy in the case the same rights as the 
ministers. 

Art. 81. Neither the ministers nor the commissioners have the 
right to vote if they are not deputies. 

Art. 82. The Skupshtina is obliged to deliberate at first on the 
projects submitted by the government and in the first place the 
budget. 

The government, on its side, shall study, as soon as possible, the 
proposals which the Skupshtina shall have indicated to it as urgent. 

Art 83. Every proposition emanating from the government or 
from the deputies, and, in general, every project, before being brought 
into discussion must be referred to one of the parliamentary com- 
mittees. 

Art. 84. The committees are required, before submitting their 
report to the Skupshtina, to hear the observations of the minister or 
the commissioner of the government. 

Art. 85. The government is always obliged to furnish to the com- 
mittees on their request, the necessary explanations. 

Art. 86. The Skupshtina has the right to invite, of itself, the min- 
isters or their commissioners to give it the necessary explanations. 
The latter are required to give them in all cases, except those where 
this communication would be harmful to the interests of the country, 



416 CONSTITUTIONS OF THE STATES AT WAR. 

concerns a secret of State, or would by its premature divulgence be 
prejudicial to the interests of Montenegro. 

Art, 87. The government can withdraw a bill submitted to the 
Skupshtina so long as the latter has not definitely voted it. 

Art. 88. If the Skupshtina passes a bill, adding thereto amend- 
ments or additions rejected by the government, the latter can either 
withdraw it completely or reintroduce it in the same Skupshtina, 
either modifying the reasons or changing the bill itself. 

Art. 89. If the Skupshtina rejects a bill, the government can submit 
it to the same Skupshtina after having modified it, or wait for the 
opportunity to present it to the next Skupshtina in its primary form. 

Art. 90. The Skupshtina can not make the vote on the budget de- 
pend on any question not having correlation with it. 

Art. 91. The Skupshtina submits the budget when it has passed 
it for the approval of the Prince Hospodar. 

If the National Skupshtina estimates that the sums asked for in 
the budget are susceptible of being diminished or suppressed, it shall 
state the grounds for its proposal, enumerating the chapters in which 
economies are possible without injuring the interests of the State. 

Art. 92. The government shall examine, in detail, the propositions 
which the Skupshtina shall submit to it by virtue of Article 91 and 
take account of them so far as possible unless that action could injure 
the interests of the State. 

If the amendments proposed by the Skupshtina are not agreed to 
by the government and if the explanations of the government do not, 
on the other hand, satisfy the Skupshtina, the budget of the preced- 
ing year is applicable for the current year the same as if the Skupsh- 
tina is adjourned before passing the budget. In this case, the Prince 
Hospodar shall promulgate an ordinance, countersigned by all the 
ministers, which shall have the force of law. 

Art. 93. The State can not contract a loan without the consent 
of the Skupshtina. 

If extraordinary and urgent circumstances necessitate the issuing 
of a loan, the Skupshtina must be convoked in extraordinary session. 
If circumstances do not permit the convoking of the Shupshtina in 
extraordinary session, the Prince Hospodar can, on the proposal of 
the Council of Ministers and in agreement with the Council of State 
contract a State loan to the amount of 200,000 crowns. By the 
same procedure, the Prince Hospodar can, in case of urgency, or- 
der the treasury to make payment, not provided constitutionally, to 
the amount of 50,000 crowns. 

In the two cases the government shall notify the statement of these 
acts to the Skupshtina at the first ordinary session and inform it of 
the reasons which have dictated its conduct. 



MONTENEGRO. 417 

Art. 94. Each decision of the National Skupshtina must be sanc- 
tioned by the Prince Hospodar and as far as possible in the same 
session. 

Art. 95. Tlie Skupshtina has the right to make inquiries on the 
subject of electoral and purely administrative questions. 

Art. 9f). The Skupshtina can receive written complaints relative 
to affairs already regulated by the competent ministers but it can 
not accord an audience to the complainants. 

The Skupshtina admits only written petitions. 

Art, 97. The deputy is not answerable for what concerns his par- 
ticipation in the work of the Skupshtina. No accounting can, at any 
time, be demanded of him on the subject of the votes he has cast in 
the Skupshtina. 

If a deputy offends, in his discourse to the Skupshtina, one or more 
of its members, the president has the right and the duty of suspend- 
ing the sitting for half a day. In the following meeting the 
president shall propose to the Skupshtina the temporary exclusion 
of the offender. 

If a deputy employs in the Skupshtina expressions containing, 
against anyone whatever, offenses considered by the penal code as 
being misdemeanors or transgressions, the deputy can be denounced 
to the competent tribunal, but on the authorization of the Skupshtina. 

Art. 98. During the continuance of the session and the five days 
preceding, the deputies can neither be imprisoned nor handed over 
to the tribunals. 

Art. 99. No authority can in the course of the parliamentary session 
summon a deputy nor imprison him if the Skupshtina does not 
authorize an inquiry against him. Exception is made for one taken 
in fagrante delicto in crime. 

Art. 100. If a deputy is taken in fagrante delicto in crime in the 
course of the parliamentary session, he can be arrested, but it is neces- 
sary to inform the Skupshtina immediately, and no action can be 
brought against the delinquent before the Skupshtina has decided 
whether there is occasion to proceed against him. 

Art. 101. The deputies can meet in a sitting of the Skupshtina 
only on the invitation of the Prince Hospodar. They can not con- 
tinue their discussions when the meetings are broken up or adjourned, 
or when the Skupshtina has been dissolved. 

Art. 102, The deputies who do not reside in the city where the 
Skupshtina is convoked receive from the treasury of the State travel- 
ing expenses and a daily compensation provided by a special law. 

Art. 103. A special law shall regulate the labors of the Skupshtina. 



418 coisrsTiTUTioisrs of the states at wak. 

Part IV. — The Ministers. 

Art. 104. The Prince Hospodar appoints and recalls the ministers. 

Art. 105. The Council of Ministers presides over the administra- 
tion of the State. It is subject directly to the Prince Hospodar. 

Art. 106. The Council of Ministers is composed of the ministers 
appointed for the different branches of the administration of the 
State. The Prince Hospodar chooses one from among these latter 
as President of the Council. 

Art. 107. The ministers swear before the Prince Hospodar to be 
faithful to him and to observe conscientiously the Constitution and 
the laws of the country. 

Art. 108. The ministers are responsible for their official acts 
before the Hospodar and the National Skupshtina. Every official 
act signed by the Prince Hospodar must be countersigned by the 
competent minister. 

Art. 109. Only a Montenegrin citizen can be minister. 

Art. 110. Ministers who have resigned can be kept at the disposal 
of the Prince Hospodar for a year at the utmost ; if, at the expira- 
tion of this period they no longer accept the post which they occu- 
pied before being appointed ministers, or an analogous situation, 
they can be retired, after having completed in the service of the 
State, the minimum of years prescribed by the law on civil func- 
tionaries. 

The resigned ministers, who, before being ministers, had not been 
in the service of the State, can obtain a situation yielding a salary 
of 4,000 crowns. If a post of this importance is not vacant, they 
shall have a right to a pension corresponding to the said situation, 
on condition that they have been ministers the minimum of years 
prescribed by the law on civil functionaries. 

Art. 111. A minister can be impeached : 

1. If he commits an act of treason against the country or the 
sovereign. 

2. If he violates the Constitution. 

3. If he lets himself be suborned. 

4. If, through cupidity, lie causes damages to the State. 

5. If he violates the laws in the cases specified in the law on 
ministerial responsibility. 

Art. 112. Ministers can be impeached by the Prince Hospodar 
and by the Skupshtina. 

The proposal to impeach a minister must be written and contain 
the counts of the indictment. If it is the Prince Hospodar who ac- 
cuses the minister, the President of the Council of Ministers sub- 
mits the act of accusation to the Skupshtina ; if it is the Skupshtina 



MONTENEGRO. 419 

which is accuser, the act of accusation must be signed by a third at 
least of the deputies. 

Art. 113. The right to make complaint against a minister lasts 
five years, starting from the day when he has committed the act 
with which he is reproached. 

Art. 114. Two thirds of all the deputies present at the Skupshtina 
are necessary to impeach a minister. 

Art. 115. The minister impeached is tried by a tribunal composed 
of the members of the Council of State and of the Supreme Tribunal. 

Art. 116. The Prince Hospodar can not pardon a condemned min- 
ister, nor suspend an examination begun, except on the proposal of 
the Skupshtina. 

Art. 117. A special law shall fix the different cases of ministerial 
responsibility, the penalties applicable to their offenses, and the pro- 
cedure. 

Part V. — ^The Council or State. 

Art, 118. The Council of State is composed of six members. 

The members of the Council of State are appointed by the Prince 
Hospodar, who also names its President. The latter remains in 
charge so long as the Prince Hospodar does not replace him. 

Art. 119. The councillors of State must be Montenegrin subjects, 
be 35 years of age, have followed a regular course of studies in a 
foreign faculty or a special superior school equivalent to a faculty, 
and have passed ten years in the service of the State, unless they 
have been ministers. 

Art. 120. The Council of State has the following functions: 

1. To study the bills which the government submits to the 
Skupshtina and to give its advice. 

2. To give the government its appreciation on the matters which 
it submits to it. 

3. To deliberate on the complaints against ministerial decisions 
in administrative questions in dispute. 

The decisions of the Council of State are obligatory for the 
ministers. 

4. To settle conflicts between the different administrative au- 
thorities and between the administrative and judicial authorities. 

5. To judge functionaries of State in the capacity of a dis- 
ciplinary tribunal. 

6. To approve partial payments effected on a general credit fixed 
by the budget for an extraordinary need as well as the transfers 
made to provide for the public works. 

7. To approve the naturalization of a foreigner in exceptional 
cases. 



420 CONSTITUTIONS OF THE STATES AT WAR. 

8. To approve arrangements made between the State and indi- 
viduals which would be considered useful to the State. 

9. To approve State loans and extraordinary credits in the 
cases specified in Article 93 of the present Constitution. 

10. To deliberate on complaints given out against decrees which 
violate the rights of individuals guaranteed by the law. If the 
decree injures an interest of the State, materially in favor of indi- 
viduals, the Control General of the State has the right to lodge a 
complaint before the Council of State in the name of the State. 

11. To deliberate on protests against ministerial decisions in 
questions where the minister is not competent or exceeds his com- 
petence. 

12. To decide on the sale of real estate belonging to the depart- 
ments, to the arrondissements and to the communes. 

13. To decide on the abandonment of irrecoverable credits, 

14. To demand from the Control General of the State reports 
on the accounts of the State. 

15. To decide on protests against the decisions of the Control 
General of the State. 

16. To execute the affairs which are reserved to it according 
to the laws. 

Art. 121. A special law shall regulate the labors of the Council 
of State. 

Part VI. — The Army. 

Art. 122. Every Montenegrin subject is subject to military service. 

Art. 123. A special law establishes the age at which one owes mil- 
itary service, the manner of serving, and the exemptions as well as 
the grades existing in the army and the manner of gaining and of los- 
ing the said grades. 

Art. 124. A special law establishes the organization of the army 
whose formation is fixed by the Prince Hospodar by a regulation. 

Art. 125. The Prince Hospodar establishes by regulation instruc- 
tions on military discipline and disciplinary punishments. 

Art. 126. The soldiers, non-commissioned officers and officers in 
active service are, during their presence with the colors, judged by 
the military tribunals, but only for penal actions. 

Art. 127. A special law shall establish the composition, the or- 
ganization and the competence of the military tribunals. 

Part VII. — The Church, Schools and Benevolent Institutions. 

Art. 128. All the religious confessions recognized by the State 
have the right to exercise their cult freely and publicly. 



MONTENEGRO. 421 

Art. 129. The internal administration of the Eastern Orthodox 
Church belongs either to the Montenegrin Metropolitan or to the 
Episcopal Synod. 

The administration of the internal ecclesiastical affairs of the 
Catholic Church belongs to the archbishopric of Antivari. 

The internal administration of the Mussulman religious confession 
belongs to the Montenegrin Mufti. 

Art. 130. The spiritual authorities of all the religious confessions 
recognized by the State are subject to the surveillance of the Minis- 
ter of Instruction and of Cults. 

Art. 181. The organization of the ecclesiastical authorities and of 
the theological faculty of the Eastern Orthodox Church is estab- 
lished by a laAV on the basis of an agreement between the Minister 
of Instruction and the Episcopal Synod. 

Art. 132. The ecclesiastical authorities try the clergy for offenses 
which they commit in the exercise of their sacerdotal functions ex- 
cept for Crimea arising from the penal code. 

Art. 133. Religious persons and ecclesiastical institutions are sub- 
ject to the laws of the country in what concerns their civil relations 
and their property ; for what concerns the internal organization and 
administration they must abide by a regulation which the govern- 
ment must approve. 

Art. 134. Protests against abuses by the spiritual authontias of all 
the religious confessions recognized by the State must be presented 
to tiie Minister of Instruction and of Cults. 

Art. 135. The correspondence of the spiritual authorities of the 
Eastern Orthodox Church with foreign ecclesiastical authorities 
and synods must be authorized by the Minister of Instruction and 
of Cults. 

The correspondence of other religious confessions Avith foreign 
spiritual authorities must be submitted for the approval of the Min- 
ister of Instruction and of Cults. 

Art. 136. Every act directed against the Eastern Orthodox Church 
(proselytism) is forbidden. 

Art. 137. No spiritual authority can publish and execute, im 
Montenegro, the official acts and orders of foreign spiritual authori- 
ties, councils and synods without the authorization of the Minister 
of Public Instruction and of Cults. 

Art. 138. Primary instruction is obligatory and gratuitous in the 
public schools. 

Art. 139. All public and private schools, all literary and scientific 
societies and other scientific institutes are subject to the surveillance 
of the Minister of Public Instruction and of Cults. 

Art. 140. Institutions of charity and of works having an ec- 
clesiastic or scientific object, founded by individuals, must be ap- 



422 CONSTITUTIONS OF THE STATES AT WAR. 

proved b}^ the authorities. Their property and their endowments 
can not be considered as property of the State, and can not be 
destined for other objects than those for which they have been es- 
tablished. 

Art. 141. The clergy of the Eastern Orthodox Church has its 
own fund founded by previous withdrawals from salaries and from 
which it receives its retirement conformably to the existing law. 

Part VIII. — The Judicial Authority. 

Art. 142.' The judges are independent. Justice is exercised in 
the name of the Prince Hospodar. 

Art. 143. There exist tribunals of arrondissement, of department, 
and the Supreme Tribunal. 

Art. 144. In the cities designated by law the arrondissement 
judicial authority of first instance is exercised by the communal 
tribunals. 

Art. 145. All judges are appointed by the Prince Hospodar. 

They can not be transferred, dismissed, or retired, except by 
virtue of the law relative to magistrates. 

Art. 146. The tribunals judge and render their decisions conform- 
ably to the laws of the country. 

Art. 147. The law has no retroactive effect to the detriment of 
rights acquired by preceding laws. 

Art. 148. A tribunal or a judicial authority can not be established 
except by virtue of a law. 

Art. 149. No tribunal can enter any action whatever, if it is incom- 
petent. 

Art. 150. The trials are public, exception being made for the 
case where the court shall find it necessary to proclaim closed doors 
on account of moral or public order. 

Art. 151. Each sentence or decision must have the grounds stated 
from the provisions of the law on which it is based. 

Art. 152. Every accused person must have counsel from the 
moment when he has been put in accusation. If he does not choose 
counsel for himself, the tribunal shall appoint one officially for him. 

Art. 153. Blood relatives in direct line to any degree whatever, in 
lateral line to the fourth generation (eight degrees), and by mar- 
riage to the second generation (four degrees), can not serve at the 
same time in the same tribunal or judge in the same affair. 

Art. 154. He only can be judge who is a Montenegrin subject and 
who has finished regularly his studies in a faculty of law, not to 
mention other conditions desired by the law. 

To be judge in a departmental tribunal, it is necessary to be 25 
years old and to have served two years in the judicial administra- 



MONTENEGRO. 423 

tion; to form part of the Supreme Tribunal, one must be 30 years 
old. To be president of a departmental tribunal, it is necessary to 
have served at least four years as a judge of a departmental tribunal 
or as secretary to the Minister of Justice or of the Supreme Tribunal. 
To be president and member of the Supreme Tribunal, it is necessary 
to have served at least six years as a judge of a departmental 
tribunal. 

Part IX. — The Finances of the State. 

Art. 155. Each Montenegrin subject owes to the State imposts and 
taxes, which are paid in proportion to the wealth. 

Art. 156. The Prince Hospodar and the members of the reigning 
house pay neither impost nor taxes. 

Art. 157. No one can be exempted from paying imposts and taxes 
except in the cases provided by the law. 

Art. 158. The Skupshtina approves the budget every year, which is 
valid only for one year. 

Art. 159. The budget must be submitted to the Skupshtina at the 
beginning of the session. At the same time the balance sheet of the 
preceding year must be presented to the Skupshtina. 

Art. 160. All the revenues and expenditures must be registered in 
the final budget. 

Art, 161, If the Skupshtina has not been able to approve the new 
budget before the commencement of the budgetary 3^ear, it shall 
prolong temporarily the budget of the year just past until the new 
budget is voted. 

Art. 162. If the Skupshtina is dissolved or adjourned before it has 
passed the budget, the budget of the current year is likewise valid for 
the following year. 

Part X. — The Property or the State. 

Art. 163, The property of the State consists of all the real estate 
and personal property and all the property rights which the State 
acquires and preserves. 

Art, 164, The property of the State can not be alienated, pledged, 
or hypothecated except with the consent of the Skupshtina. 

Art. 165. The right of monopoly belongs to the State. It can 
transfer this right to others, but only for a period determined by the 
laws. 

Art. 166. Mines are the property of the State in a proportion es- 
tablished by the laws. 

Art. 167. Concessions, of any kind whatever, can be granted only 
for a determined period and by a special law. 



424 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 168. The property of the State is administered by the Min- 
ister of Finance, conformably to the provisions of the laws. 

Art. 169. The property of the State must be distinguished from 
the private property of the Prince Hospodar. The Prince Hospodar 
disposes freely of his property during his life and at his death. 
Sentence 2 of Article 2 of the present Constitution is not applicable 
to the property of the Prince Hospodar. 

Part XL — The Control General or the State. 

Art. 170. The Control General of the State is established for the 
review of the accounts. It constitutes a special authority and a 
Court of Accounts. 

Art, 171. The Control General of the State has a president and 
two members. 

The president and the members of the Control General of the State 
are chosen by the Assembly among the candidates which the Council 
of State proposes to it in double number of posts vacant. 

Art. 172. To be president or member of the Control General of 
the State it is necessary to be a Montenegrin subject, be 30 years of 
age, have pursued a regular course of studies in a faculty or in a 
special superior school equivalent to a faculty and have passed ten 
years in the service of the State or have been Minister of Finance; 
or else, have served as a superior functionary in the financial admin- 
istration and have had at least ten years of service. But the presi- 
dent or one of the members of the Control must have completed 
regularly his studies in a faculty of law. 

Art. 173. The Control General of the State examines, corrects 
and liquidates the accounts of the administration of the State and 
of all those who have accounts to render to the treasury of the State. 

It watches to see that the credits made by the budget are not ex- 
ceeded; it closes the accounts of all the administrations of the State 
and is required to obtain all the vouchers and necessary informations. 

Art. 174. The general budget of the State is submitted to the 
Skupshtina with the observations of the Control General of the 
State, at the latest, two years after the end of each budgetary year. 

Art. 175. A special law regulates the organization and the compe- 
tence of the Control General of the State, as well as the formation 
of its personnel. 

Part XII, — Communes and Judicial Persons. 

Art. 176. Communes have their autonomy conformably to the 
provisions of the laws. 



MONTENEGRO. 425 

Art. 177. To adminij^ter the atfairs of communes, there are: the 
communal tribunal, the communal commission and the communal 
council. 

Akt. 178. Communal elections are direct. 

Art. 170. Every Montenegrin subject of age paying imposts or 
taxes has the right to vote at connnunal elections. 

Akt. 180. Communal authorities, outside of communal affairs, aro 
obliged to occupy themselves with affairs which the law attributes 
to them concerning the State. 

Art. 181. Every citizen and all real property must belong to a 
commune and support all communal charges. 

Art. 182. The commune can not establish any impost without the 
approval of the communal council. 

Art. 183. The commune can not contract a loan without the 
authorization of the communal council. 

Art. 184. A law establishes in what cases the approval of the 
legislative power or of the government is necessary to create an im- 
post or contract a loan. 

Art. 185. The departments, arrondisements and communes can 
possess propeity. 

Art. 18G. A new commune can not be created nor the limits of 
communes already existing be modified without the approval of the 
legislative power. 

Art. 187. No juridical person can exist without the approval of 
the State. 

Art. 188. Juridical persons can possess property which must sup- 
port the charges of the State and of the connnunes. 

Art. 189. A special law regulates the organization and the com- 
petence of the communal authorities and the relations existing be- 
tween them and the authorities of the State, 

Part XIII. — The Service of the State. 

Art. 190. All Montenegrin subjects have the same rights to all the 
employments in all the branches of the service of the State, provided 
they satisfy the conditions prescribed by the Constitution and the 
laws. 

Foreign subjects can not be accepted in the service of the State 
except on the basis of a contract. 

Art. 191. For the nomination and the advancement of function- 
aries, their conduct, their aptitudes and their knowledge must be 
taken into consideration. 

Art. 192. Every functionary is responsible for his official acts. 

SS3S1— 19 28 



426 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 193. Functionaries, at the time of entering the service of the 
State, swear to be faithful and obedient to the Prince Hospodar and 
to observe conscientiously the Constitution and the laws. 

Art. 194. The law regulates the employments, the salaries of func- 
tionaries and the hierarchy in the service of the State. 

Art. 195. Functionaries have the right to retirement. 

The law establishes on what conditions a functionary can have the 
right to retirement and to be retired. 

There exists a special fund, formed by previous deductions from 
the salaries of functionaries, which assures the pension of func- 
tionaries, their widows and their children. 

If this fund is insufficient, the treasury shall supply the deficit. 

Part XIV. — The Constitutional Rights of Montenegrin 

Citizens. 

t 

Art, 196. All Montenegrin citizens are equal before the law. 

Art. 197. The Constitution guarantees to each one his personal 
liberty. 

Art. 198. No suit can be brought against any one whomsoever 
except in cases provided by the law. 

Art. 199. No one can be arrested or deprived of his liberty except 
in the cases and according to the provisions specified by the law. 

Art. 200, No one can be judged without having been heard or sum- 
moned by legal process to defend himself. 

Art. 201, No one can be judged by an incompetent tribunal. 

Art. 202. Penalties can be established only by the law and ap- 
plied only for acts punishable according to the law. 

Art. 203. Capital punishment for crimes purely political is abol- 
ished. 

Attempts against the person of the Prince Hospodar and against 
the members of the reigning house are excepted. 

Those cases, also, are excepted where the purely political crime 
is accompanied by an action punishable, according to law, by capi- 
tal punishment, and cases punished by the death penalty according 
to military law. 

Art. 204. The domicile of Montenegrin citizens is inviolable. 

The' authorities can make no search of the domicile except in the 
cases and in the manner provided by the law. 

Art. 205. The penalty of confiscation of property is forbidden; 
only those objects are liable to seizure which are the product of a 
punishable action, have served, or were destined to perpetrate this 
punishable act. 

Art. 206. Property of whatever character is inviolable. 



MONTENEGRO. 427 

Art. 207. No one can be obliged to give his property for public 
needs; the right of property can be limited only in the cases per- 
mitted by the laAv in consideration of an indemnity. 

Akt. 208. Liberty of conscience is unlimited. 

The recognized religious confessions are free and protected by the 
laAv in so far as the exercise of their cult does not offend public 
order and morals. 

Art. 209. Every Montenegrin citizen has the right, within the 
limits of the law, to manifest his ideas by speech, writing, the press, 
and engraving. 

Art. 210. The press is free. 

Censorship, warning and every preventive measure capable of 
preventing the issue, sale and publication of writings and of jour- 
nals are forbidden except in the cases provided for by the law on 
the press. 

Art. 211. Epistolary and telegraphic privacy is inviolable except 
in case of war or judicial inquiry. 

Art. 212. Citizens have the right to assemble in peace according 
to the law. 

Art. 213. Citizens have the right of assembly when it concerns 
objects which are not contrary to the laws. 

Art. 214. Citizens have the right to protest against illegal pro- 
cesses by the authorities. 

Art. 215. Every citizen is free to renounce the Montenegrin nation- 
ality, after having performed his military service and having been 
acquitted of the duties which he may have towards the State or in- 
dividuals. 

Art. 216. Foreigners domiciled on Montenegrin territory enjoy the 
protection of the Montenegrin laws in what concerns their individ- 
uality and their property. 

They are obliged to support the communal charges and those of 
the State in so far as international treaties are not opposed thereto. 

Art. 217. Extradition is not admitted for crimes purely political. 

Part XV. — The Constitution or the State. 

Art. 218. The Constitution can not be suspended either partially 
3r as a whole. 

Art. 219. The proposal to modify, complete, or interpret the Con- 
stitution can be made only by the Prince Hospodar or the Skupshtina. 

Such a proposal must cite particularly the Articles to be modified, 
completed, or interpreted. 

Art. 220. In order that a proposal of modification, completion, or 
interpretation of the Constitution may be adopted, it must be passed 



428 CONSTITUTIONS OF THE STATES AT WAK. 

by two thirds of the deputies present and the Skupshtina must take 
the same decision in two regular consecutive sessions. 

Art. 221. — 1. Up to the presentation of the bills provided in the 
present Constitution, the present laws remain in force, so far as they 
are not in contradiction with the provisions of the present Consti- 
tution. 

2. The princely government shall prepare on the basis of the 
present Constitution the bills most necessary, which, discussed by the 
Council of State and approved by the Prince Hospodar, shall have 
the force of provisional laws, until the Skupshtina has discussed and 
passed them in its ordinary sessions. 

3. The princely government shall elaborate first : 

(1) A bill on the election of deputies applicable only to the 

election for the first parliamentary period. 

(2) A bill on the internal regulation of the Skupshtina. 

(3) A bill on ministerial responsibility. 

These three projects, submitted to the discussion of the Council of 
State and sanctioned by the Prince Hospodar, shall enter in force 
provisionally until the first ordinary session of the Skupshtina. 

4. The Council of State is abolished in its present form, and the 
Prince Hospodar can appoint the president and the members of the 
Council of State without regard to the provisions of the present Con- 
stitution. The Council of State thus constituted shall exercise, the 
functions provided by the present Constitution at the latest until 
the end of the second ordinary parliamentary period. Then the 
nomination of the president and the members of the Council of 
State shall be proceeded with, conformably to Articles 118 and 119 
of the present Constitution. 

5. The Supreme Tribunal and the departmental tribunals shall be 
completed, in case of need, without regard to the provisions of the 
present Constitution at the latest up to the end of the second ordinary 
parliamentary period. After this period, those who shall not have 
the qualifications provided by the present Constitution shall no 
longer be able to exercise their functions. 

6. The nomination of the president and the members of the Control 
General of the State must be made conformably to the provisions of 
the present Constitution, before the end of the second parliamentary 
period at the latest. 

7. The following laws shall be submitted to the Skupshtina in its 
first ordinary session: 

The law on the budget of the State. 
The law on the internal regidation of the Skupshtina. 
The law on ministerial responsibilit3^ 

Others absolutely necessary for the entrance into force of the 
present Constitution. ' 



MONTENEGRO. 429, 

Art. 222, The present Constitution enters into force on 6/19 
December 1905.^ 

LAW OF 28 AUGUST 1910 PROCLAIMING PRINCE NICHOLAS KING.- 

Article 1. The Principality of Montenegro is procLaimed King- 
dom of Montenegro. 

Art. 2. Prince NichoLas I Petrovitch Niegosch is prochiimed. by 
the grace of God, Hereditary King of Montenegro. The King and 
Qneen shall haA'e the title of " Majesty." 

Art. 3. The Hereditary Prince Danilo is proclaimed the heir to the 
throne of Montenegro. The Hereditary Prince, the Hereditary 
Princess and their children shall have the title of " Royal Highness." 

Art. 4. All the other children, male or female, of their Majesties 
shall receive the title of " Royal Highness," and the grandchildren of 
the latter the title of " Highness." 

Art. 5. This hiAV comes into force when signed by the Prince 
Hospodar, and in all the hivvs of the land the words " Prince " and 
" Princely " shall be replaced by " King " and " Royal." 

1 In the publication of the Constitution by Nicholas I on Saint Nicholas Day, 1905, the 
following sentence is appended immediately after Article 222 : " We order all our ministers 
to publish the present Constitution and to watch over its observation, the authorities to 
apply it and all' and each to obey it." 

- Pul)lished and sanctioned by Nicholas I, Cettinje, 28 August 1910, after passage by 
the Skupshtina. Translation reprinted from the British and Foreign State Papers, 
105 : p. 991. 



NICARAGUA. 

Shortly after the dissolution of the Central American Union, the 
State of Nicaragua proclaimed its independence (April 1838) and 
gaxQ itself, on 12 November 1838. a new Constitution to replace its 
Federal State Constitution which was dated 8 April 1826. After 
the bloody wars Avhich troubled the Republic from 1855 to 1857, 
and the overthrow of the adventurer, William Walker, a Constitu- 
ent Assembly met at Managua and amended the Constitution on 
19 August 1858.1 The Constitution of 1858, little respected by the 
political parties which successively contended for the powder, gave 
way in 1893 to a new text adopted by a Constituent Assembl^^ at 
Managua on 10 December.- After the revolution of 1896, the Con- 
stitution received important amendments by a law of 15 October 
1896.=^ The sixth Constitution, dated 30 March 1905,* gave way to 
the present Constitution on 10 November 1911.^ 



CONSTITUTION OF 10 NOVEMBER leil." 
[Preamble.] 

In the presence of God, we, the representatives of the Nicaraguaii 
people, in Constituent Assembly hereby decree and sanction the 
following Political Constitution. 

Title I. — The Nation. 

Article 1. Nicaragua is a free, sovereign and independent nation. 
Its territory which comprises the adjacent islands is situated between 
the Atlantic and Pacific Oceans and the Republics of Honduras and 
Costa Rica. 

^ English translation in the British and Foreign State Papers, 72 : pp. 1045-10fi4. 

2 English translation in the British and Foreign State Papers, 86 : pp. 1090-1109. 

5 English translation of this law in the British and Foreign State Papers, 94 : pp. 385— 
392. 

* Spanish text and English translation in parallel columns in J. I. Roduiguez, Amer- 
ican GonstHutiohs (Washington, 1906), vol. i, pp. 300-324. 

5 This introductory paragraph is based upon F. R. Dareste et P. Dareste, Lcs Con- 
stitutions modcrnes (3d edition, Paris, 1910), vol. ii, p. 565. 

^ Translated by Antonio M. Opisso from the official Spanish text as published at 
Managua, 1912. 

431 



432 coNSTiTUTioisrs or the states at war. 

Art. 2. The sovereignty is one, inalienable and imprescriptible, 
and resides essentially in the people, from whom the officials provided 
for by the Constitution and laws derive their powers. In consequence 
no compacts or treaties shall be concluded which are contrary to the 
independence or integrity of the nation, or affect its sovereignty in 
any wa3% except such as may look toward union with one or more 
of the Eepublics of Central America. 

Art. 3. Public officials shall have no other powers than those 
expressly conferred on them by law. All acts performed by them 
outside the law are void. 

Title II. — The Form of Government. 

Art. 4. The government of Nicaragua is republican, democratic, 
representative and centralized. It consists of three independent 
j)0wers : The legislative, the executive and the judicial. 

Title III. — Religion. 

Art. 5. The majority of Nicaraguans profess the Catholic, Apos- 
tolic and Roman religion. The State guarantees the free exercise of 
this form of worship, as well as all others, provided they are not 
contrary to Christian morals and public order; the enactment of 
laws favoring or restricting certain forms of worship being pro- 
hibited. 

Title IV.— Education. 

Art. 6. The teaching of any lawful industry, trade or profession 
is free. Primary instruction shall be compulsory, and that financed 
by the State shall also be gratuitous. As regards professional in- 
struction, the law shall determine what professions require the grant- 
ing of a degree previous to the exercise thereof, and the formalities 
for obtaining it. 

Title V. — Nicaraguans. 

Art. 7. Nicaraguans are native or naturalized. 
Art. 8. The following are natives : 

1. Persons born in Nicaragua, of parents who are Nicaraguans 
or domiciled foreigners. 

2. Children who are born abroad of a Nicaraguan father or 
mother, provided they choose Nicaraguan nationality. 

Art. 9. The following are naturalized: 

1. Natives of other Central American Republics, who reside in 
Nicaragua, and declare their desire to be Nicaraguans before the 
competent authority. 



NICARAGUA. 433 

2. Foreign women who marry Nicaraguans. 

3. Spanish Americans who have resided one year in the country, 
and other foreigners who have resided there two years, provided they 
declare their desire to become naturalized before the proper au- 
thority. 

4. Persons who have secured naturalization papers according to 
law. 

Art. 10. The following persons shall forfeit their Nicaraguan 
nationality : 

1. Those who while residing in Nicaragua voluntarily secure 
naturalization in a foreign country not situated in Central America. 
However, they shall recover their Nicaraguan nationality by re- 
establishing their domicile in Nicaragua at whatever time this may 
occur. 

2. Nicaraguan women who marry foreigners, provided they ac- 
quire the nationality of their husbands according to the law of the 
nation of the latter, but they shall recover Nicaraguan nationality 
upon becoming widows, if they lose the nationality of their husbands 
by reason of this cause. 

Art. 11. The provisions of this title may be modified by treaties, 
on condition of reciprocity. 

Title VI. — Foreigners. 

Art. 12. Tlie Republic of Nicaragua shall be a safe asylum for any 
person seeking refuge in its territory. 

Art. 13. Foreigners in Nicaragua shall enjoy all the civil rights 
of Nicaraguans; they are obliged to respect the authorities and to 
obey the laws, and, in regard to property acquired by them in the 
country, the}^ shall be subject to all ordinary or extraordinary taxes 
levied against Nicaragiums. 

Art. 14. Foreigners shall not be allowed to lay claims against or 
demand any indemnity of the State, except in the cases and in the 
manner in which Nicaraguans may do so. 

Art. 15. Foreigners may resort to diplomatic channels only in case 
of denial of justice. The fact that any executory judgment is un- 
favorable to the claimant shall not be considered as such denial. If, 
in contravention of this provision, they shall not amicably terminate 
the claims which they have raised, they shall forfeit the right to 
dwell in the country. 

Art. 16. Extradition for political crimes is prohibited, even though 
a common law crime arises therefrom. 

Treaties and the law shall specify the cases in which extradition 
may take place for grave common law crimes. 



434 coNSTiTUTioisrs or the states at war. 

Art. 17. The law shall establish the cases and the manner in which 
foreigners may be refused admission to, or be .expelled from, the 
country. 

Title VII. — Citizens. 

Art. 18. All Nicaraguans who have reached the age of twenty-one 
years shall be citizens, as well as all those who have reached the age 
of eighteen who are married, or Avho are able to read and write. 

Art. 19. The following are the rights of citizens: 

1. Suffrage. 

2. To hold public office. 

3. To have and bear arms ; all in accordance with the law. 
Art. 20. The rights of a citizen are suspended : 

1. By a warrant for imprisonment or a declaration that there 
are grounds for indictment. 

2. By a sentence involving disfranchisement of the exercise of 
political rights, during the term of the sentence. 

3. By a sentence imposing a penalty greater than a correctional 
penalty, as long as rehabilitation has not been obtained. 

4. By mental incapacity. 

5. By being a fraudulent debtor. 

6. By notoriously vicious conduct. 

7. By ingratitude toward one's parents, or unrighteous aban- 
donment of Avife or minor legitimate children. 

A previous legal declaratory decree shall be necessary in case 
of the grounds set forth under Paragraphs 4, 5, 6 and 7. 

8. By acting in Nicaragua in the employ of foreign (not Cen- 
tral American) nations without the permission of the legislative 
power. 

Art, 21. The right to vote is individual and can not be delegated. 
Art. 22. Suffrage shall be direct and public. Elections shall be 
held at the time and in the manner prescribed bj' law. 

Title VIII. — Eights and Guarantees. 

Art. 23. The inhabitants of the Republic, whether Nicaraguans 
or foreigners, shall be guaranteed indi^^idual safety, liberty, equality, 
and property rights. 

Art. 24. The death penalty shall be inflicted only for the crime of 
high treason committed in a foreign war in the face of the enemy, 
and for the atrocious crimes of assassination, parricide and arson 
or robbery, resulting in death, and under grave circumstances 
specified by the law. 



NICARAGUA. 435 

Art. 25. The Constitution recognizes the guarantee of the haheas 
corpus. Consequently every inhabitant of the Republic has the 
right to the recourse of the exhibition of the person.^ 

Art. 26. A warrant of arrest, not issued from the competent 
authority or in accordance with the legal formalities, is illegal. 

Art. 27. Detention pending inquiry into common law offenses 
shall not exceed eight days, plus the time required to cover distance, 
for the purpose of placing the accused at the disposal of the com- 
petent judge. 

Art, 28. A criminal caught in fagrwute delicto may be appre- 
hended by any person in order to be delivered immediately to the 
authority having the powder to arrest. 

Art. 29. A warrant for imprisonment shall not be issued, unless 
there is ample evidence given beforehand that a punishable act 
deserving a penalty greater than a correctional penalty has been 
committed, and unless there is at least a grave presumption as to 
who is its author. 

Art. 30. Imprisonment or arrest as a penalty or as a means to en- 
force judicial orders is permissible in the cases and for the period 
jDrescribed by law. 

Art. 31. No person shall be tried by special commissions nor by 
judges other than by those designated by law prior to the commission 
of the deed giving rise to the action. 

Art. 32. No public authority shall be permitted to remove to an- 
other court cases pending before the competent authority, nor to re- 
open proceedings which have terminated. 

In criminal matters an appeal may be allowed for revision of 
finished cases in which a penalty greater than a correctional penalty 
has been imposed. The laws shall regulate the exercise of this 
right. 

Art, 33. In criminal matters the placing of a person under oath 
in regard to his own deeds is prohibited. 

Art. 34. No person may be deprived of the right of defense. 
Trials shall always be public. 

Art. 35. The infliction of perpetual or infamous penalties, whip- 
ping and all kinds of torture are prohibited. 

Art. 3G. Persons under arrest or imprisoned shall not be deprived 
of the right of communication except by virtue of a written order 
from the proper authority, and then for a period not to exceed three 
days, and onh^ for grave crimes. 

Art. 37. Nobody shall be kept prisoner or detained in any other 
place than the public ones intended for that purpose, unless the law 

1 That is to say, the person of the prisoner, so that the reasons for his detention may 
be stated. 



436 CONSTITUTIONS OF THE STATES AT WAK. 

SO permits and the guilty or detained party expressly consents 
thereto. 

Art. 38. The dwelling of every person shall constitute a safe and 
inviolable asylum to be forcibl}^ entered only by the authorities in 
the following cases : 

1. In* the actual pursuit of a criminal or in order to take a 
criminal caught in flagrante delicto. 

2. On demand from the inside of the house because a crime is 
being committed therein, or because of a scandalous disorder requir- 
ing prompt remedy. 

3. In case of conflagration, earthquake, flood, epidemic or analo- 
gous events. 

4. In order to remove objects sought by virtue of a process, 
there being at least partial proof beforehand of the existence of 
said objects, or in order to carry out a legally issued order of the 
court. 

5. In order to liberate a person who is being unlawfully se- 
questered. 

6. In order to apprehend a criminal against whom a warrant 
for arrest or imprisonment for crime has been issued, there being 
at least partial proof beforehand that he is hiding in the house to 
be entered. 

In the last three cases the forcible entry shall not be made without 
a written order from a competent authority. 

Art. 39. When the dwelling to be forcibly entered is not that of 
the criminal who is being pursued, the permission of the owner or 
occupant shall first be requested. 

Art. 40. In the cases in wdiich a written order from the authority 
is required, the house shall not be forcibly entered between the hours 
of 7 p. M. and 8 a. m. without the consent of the owner or occupant. 

Art. 41. Epistolary correspondence is inviolable. That which is 
purloined from postofRces or from any other place shall not be 
admissible as evidence against anyone. 

Art. 42. Private papers may be seized only by virtue of an order 
from a competent judge in the criminal or civil cases determined by 
law ; and they shall be examined in the presence of the owner or, in 
his absence, in that of two witnesses, and such papers as do not relate 
to the matter under investigation shall be returned. 

Art. 43. No one shall be molested or persecuted on account of his 
opinions. Private acts which do not disturb public order or are not 
contrary to morals and do not cause injury to third parties shall 
always be bej^ond the pale of the law. 

Art. 44. All persons may communicate their thoughts freely by 
word of mouth or in writing Avithout previous censorship, being liable 
according to law for any abuse of this freedom. 



NICARAGUA. 437 

Akt. 45. The enactment of prose liptive, confiscatory or retroactive 
laws or laws imposing infamous punishment shall be prohibited. 

Art. 46. The right to reclaim confiscated property is impre- 
scriptible. 

Art. 47. Imprisonment for debts is prohibited. 

Art. 4S. Freedom of assembly Avithout arms and of associating 
for any lawful purpose is guaranteed. 

Art. 49. Entails are prohibited. 

Art 50. Every person has the right to address petitions to the 
legally constituted authority, and to have them decided upon and 
be informed of the decision reached in regard to them. 

Art. 51. Every person has the right to enter and leave the Repub- 
lic, and to remain Avithin its territorj' and to pass through it, 
in strict obedience to the laws. 

Art. 52. Every service which ought not to be rendered gratuitously 
according to law shall be fairly remunerated. 

Art. 53. The law does not recognize personal privileges. 

Art. 54. Every legally capacitated person is free to dispose of his 
property under any legal title, but in no case shall entails be 
established. 

Tn testamentary successions there shall be compulsory assignments 
onl}' in behalf of the descendants, ascendants and consorts, with the 
preference and limitations established by law\ 

Art. 55. Congress alone can negotiate loans or levy direct or in- 
direct taxes; and all authorities are prohibited from negotiating the 
former or levying the latter Avithout its authorization, save the ex- 
ceptions established by the Constitution. 

Art. 56. Proportionality shall be the basis for direct taxation. 

Art. 57. ^o one can be deprived of his property except by virtue 
of a judgment rendered b}^ a competent authority or by reason of 
public utility. The expropriation in the latter case must be spe- 
cifically prescribed by law- or by judgment based on the law, and shall 
not be carried out without previous indemnification. 

In case of domestic or foreign Avar it is not necessary that this in- 
demnification be previous. 

Art. 58. No person having the free right to administer his property 
shall be depriA^ed of the right to terminate his civil law suits by com- 
promise or arbitration. 

Art. 59. Every author, inventor, or OAvner of a trade-mark shall 
enjoy the exclusive OAvnership of his Avork or discovery or mark, and 
in the manner and during the time prescribed by laAv. 

Art. 60. No penalty greater than a correctional penalty shall be 
inflicted for common offenses Avithout a A^erdict first being rendered 
by a jury as to the guilt of the accused party. 



438 CONSTITUTIONS or the states at war. 

Art. 61. Monopolies in the interest of private individuals are 
prohibited. 

Art. 62. The declaration of a state of siege may temporarily sus- 
pend the guarantees mentioned, except: 

1. That w^hich establishes the inviolability of human life, with 
its exceptions. 

2. That which prohibits trial by judges not designated by the 
law. 

3. That which iDrohibits the infliction of infamous or perpetual 
penalties, whipping and any kind of torture. 

4. That which prohibits the enactment of retroactive or con- 
fiscatory laws. 

5. Those embodied in Articles 55 and 56. 

6. The legal immunities of public officials. 

Art, 63. The laws regulating the exercise of constitutional guar- 
antees shall be void in so far as they may diminish, restrict or impair 
them. 

Art. 64. An official who without legal authority should restrict any 
of the guarantees contained in this title shall be liable for damages 
commensurate with the injury caused, without prejudice to other 
legal responsibilities. 

Title IX. — The Legislative Power. 

Art. 65. The legislative power is vested in a Congress composed of 
two houses : The Senate and the Chamber of Deputies. 

Art. 66. Congress shall assemble in the capital of the Republic on 
the fifteenth day of December of each year without the necessity of 
a call. It shall hold 45 regular sessions subject to extension to 15 
more. 

Art. 67. It shall also hold extraordinary sessions when convoked 
by the executive ; and in this case it shall deal only with the matters 
submitted to it by the latter. 

Art. 68. Congress may also convene or continue its sessions in any 
other town of the Republic without a call by the executive, but in 
no case shall the legal quorum be supplied by uninstalled substitutes. 

Art. 69. The election of deputies shall be by popular suffrage, 
direct and public. The departments of the Republic shall be divided 
for this purpose into as many electoral districts as they contain multi- 
ples of 15,000 inhabitants, a district being adcledj for fractions over 
8,000. Each district shall elect a sitting deputy and a substitute. 

The regions of Cape Gracias a Dios and San Juan del Norte shall 
each be considered as an electoral district. 

Art. to. Each department shall be entitled to elect one sitting and 
one substitute senator for every two deputies. Should the number 



NICARAGUA. 439 

of deputies be an odd one, another sitting and another substitute 
senator shall be elected. 

Art. 71. The law shall make the necessary demarcations for the 
elections. 

Art. 72. Five days before the date set for Congress to convene, the 
deputies and senators shall assemble and form their respective pre- 
paratory caucuses; and in the presence of at least five members of 
each house they shall organize the directories and shall draw up 
the necessary regulations for the assembling of their members and 
the solemn installation of Congress. 

Art. 73. One half plus one of the senators and deputies shall be 
sufficient in each house for its legal installation. 

Art. 74. Deputies shall continue four years in the exercise of 
their office, and shall be renewed by halves every two years. 

Art. 75. Senators shall continue six years in the exercise of their 
office, and shall be renewed by thirds every two years. 

Art. 76. To be a deputy, it is required: to be a citizen in the 
exercise of his rights, of the secular estate and over 25 years of age. 

Art. 77. To be a senator, it is required: to be a citizen in the 
exercise of his rights, of the secular estate and over 40 years of age. 

Art. 78. The following shall not be eligible as members of the 
legislative power : 

1. Persons who have held office by appointment of the executive 
within two montlis preceding the election. 

2. The magistrates of the courts of justice and the officials under 
them. 

3. Kelatives of the President of the Republic within the second 
degree of consanguinity or affinity. 

4. Those who have managed or collected public funds while they 
have not cleared themselves in this respect. 

Art. 79. The representatives in Congress shall enjoy, from the 
date of their election, the following prerogatives: 

1. Personal immunity from being accused or tried for official or 
common law crimes, unless Congress first declares that there are 
grounds for their indictment. 

2. They shall not be subject to civil suit from thirty days before 
the regular sessions of Congress, or from the date of a decree calling 
an extra session, until fifteen days after the termination of either. 

If the suits are pending, the proceedings shall be suspended 
during the session. 

3. They shall not be called into military service without their 
consent. 

4. They shall not be banished from the Republic, confined or 
deprived of their liberty on any ground, even during a state of siege. 



440 CONSTITUTIONS OF THE STATES AT WAK. 

imless Congress declares that there are grounds for their indict- 
ment. 

Art. 80. Members of Congress vasij accept offices from the execu- 
tive power during recess; but during sessions they may only accept 
the offices of secretary of State, diplomatic agent, or professor of 
education. In either case they shall forfeit their character of repre- 
sentative by the acceptance of any office, except the last two men- 
tioned. 

Art. 81. The executive shall give ah account to the respective 
houses, when they are in session, of all appointments he has made, 
in order that they may order the vacancies filled. During recess of 
Congress, it shall be the duty of the executive to order the vacancies 
filled. 

'■'' Art. 82. The houses shall open and close their sessions at the 
same time; and neither of them shall suspend or extend them for 
more than three days without the concurrence of the other. 

Title X. — Eights Common to the Chambers. 

Art. 83. It belongs to each of the houses, without the interference 
of the other : 

1. To regulate the order of its sessions and everything relating 
to its internal management. 

2. To pass upon the election and credentials of its members. 

3. To compel their attendance. 

4. To accept, by a two-thirds vote, the resignations of its mem- 
bers founded on duly verified legal grounds. 

5. To order reelections in case of missing, deceased, resigned or 
incapacitated members. 

6. To ask the executive for a statement of the receipts and ex- 
penditures of all or any of the accounts as well as for a detailed 
report on any branch of the administration. 

7. To suggest a joint session to the other house. 

Title XI. — Attributions of Congress When in Joint Session. 

Art. 84. It belongs to Congress : 

1. To regulate the order of its sessions. 

2. To regulate the votes, to certify and declare the election of 
the President and Vice-President of the Republic, and to elect these 
officers in the cases provided by the Constitution. 

The President shall be that duly qualified citizen who receives 
the absolute majority of the votes of all qualified' voters. If no per- 
son receives such a majority. Congress shall elect the Pi'esident from 
among the two who have obtained the gTeatest number of votes, even 
though this number should be equal for both. The same rule shall be 
observed in the election of the Vice-President. 



NICAKAGUA. 441 

Ties occnrrino; in the popular election or in that made by Con- 
gress shall be settled by lot, whenever this measure is necessary in 
order to apply the rules of the present article. 

3. To elect each year tAvo Desipiates who. in the order of their 
election, shall exercise the Presidency of the Republic, Avhen there 
is an absolute or temporary default of the President and Vice- 
President. 

It is indispensable that the election of the Designates be limited 
to members of the national legislature who fulfill the conditions 
ref|uired for being President of the Republic. 

4. To elect the magistrates of the Supreme Court of Justice and 
of the Courts of Appeal. 

5. To act on the resignations of the President and Vice- 
President of the Republic and of the magistrates of the Courts of 
Justice. 

(1 To declare by a two-thirds vote when there are grounds for 
the impeachment of the President, Vice-President, senators, depu- 
ties, magistrates, secretaries of State and diplomatic agents of the 
Republic. 

7. To extend for the executive the period established for the 
publication of laws and other provisions. 

S. To administer the constitutional oath to those public offi- 
cials whom it elects or declares elected. 

9. To declare the preference, when the same person is elected as 
a member of diiferent branches of the supreme powers, in the fol- 
lowing order: 

1. President of the Republic. 

2. Vice-President of the Republic. 

3. Senator. 

4. Deputy. 

TiTL^: XII. — Attributions of Congress When in Separate 

Session, 

Art. 85. It belongs to Congress, when convened in separate ses- 
sion: 

1. To enact, construe, revise and repeal laws. 

2. To create and abolish offices, establish pensions, confer hon- 
ors and grant amnesties. 

3. To take all suitable measures for the safety and defense of 
the Republic. 

4. To change the residence of the supreme poAvers for grave 
causes. 

T). To decree prizes and grant temporary privileges to authors 
or inventors of things of general utility, and to persons who have 
introduced new^ industries or improved existing ones. 

88381—19 29 



442 CONSTITUTIONS OF THE STATES AT WAR. 

6. To grant subventions or premiums on objects of public utility 
which contribute toward establishing new industries or promoting 
agriculture. 

7. To approve or disapprove the conduct of the executive. 

8. To approve, modify or reject the treaties concluded with 
foreign nations. 

9. To regulate maritime and land commerce. 

10. To approve or disapprove the accounts of public expendi- 
tures. 

11. To fix the budget annually. 

12. To determine the duties of the officials of the Republic and 
designate the territorial jurisdictions within which they are to act. 

13. To levy taxes. 

14. To decree the alienation or lease of national property and 
the application thereof to public uses, or to authorize the executive 
to do so on conditions suitable to the Republic. The public revenues 
or taxes shall not be alienated or leased out. 

15. To authorize loans and to regulate the payment of the na- 
tional debt, or to determine the conditions on which the executive 
shall do so. 

16. To open up ports, create, transfer or abolish custom-houses, 
or lay down the rules in accordance with which the executive may 
do so. 

IT. To fix the weight, fineness, value, type and denominations 
of national money, and to regulate the system of weights and 
measures. 

18. To declare war and to conclude peace or authorize the 
executive to do so. 

19. To fix the strength of land and naval forces at each regular 
session. 

20. To permit or refuse the passage of troops of another country 
through the territory of the Republic, and to authorize the departure 
of national troops from Nicaragua. During a state of war, the exec- 
utive power shall have these attributions. 

21. To declare a state of siege and even to suspend the consti- 
tutional order of things throughout the Republic, or any part 
thereof, when the public peace is threatened or in case of foreign 
aggression. Such a declaration or suspension shall last sixty days, 
at the most, according to circumstances, a new declaration by Con- 
gress being necessary to prolong it. 

22. To confer the grades of general of brigade and of division. 

23. To grant pardons or commutations of sentence at the in- 
stance of the executive power after receiving a detailed report from 
the Supreme Court of Justice. 



NICARAGUA. 443 

24. To award prizes or rewards for eminent services. 

25. To approve or disapprove the contracts concluded by the 
executive with private individuals or with companies, regarding 
loans, colonization, navigation and other works of general utility, 
provided they are permitted by the Constitution and involve tem- 
jDorary privileges or affect the property of the nation, or when 
money not appropriated in the budget is available. 

26. To pei-mit the foundation of iiiontep'ioH^ and banks of issue. 

27. To determine the coat of arms and the flag of the Republic. 

28. To grant or refuse permission to Nicaraguans to accept 
otHces from foreign countries, when the duties thereof are to be dis- 
charged in Nicaragua. 

Art. 86. The legislative poAver can not supply or declare the civil 
status of persons, or confer academic or literary degrees. 

Art. 87. The powers of the legislative power can not be delegated, 
except the authorit}^ to legislate in the departments of Interior, 
Police, Charity and Public Instruction, which may be delegated to 
the executive power during the recass of Congress; and the powers 
relating to the administration of the constitutional oath to officials 
whom it elects or declares elected. 

Art. 88. In the measures and laws enacted by Congress, the fol- 
lowing formula shall be used : " The Senate and the Chamber of 
Deputies of the Eepublic of Nicaragua decree, resolve or declare: 
(here follows that which is decreed or resolved). Given in the 
Sessions Hall of Congress" (when in joint session), or of the 
house in which the measure originated (when in separate session), 
place and date. Then follow the signatures of the President and 
secretaries of Congress or of the house, as the case may be. Upon 
the measure being approved in the other house, the latter shall 
say : " To the Executive Power, the Chamber of the Senate or 
Chamber of Deputies " (as the case may be), setting down the proper 
place and date with the signatures of the presiding officer and secre- 
taries concerned. 

Art. 89. All motions of the legislative power shall be enacted in 
the form of law or resolutions. 

Art. 90. Every bill or resolution may originate in either of the 
houses, only measures relating to taxes or imposts being reserved to 
the Chamber of Deputies. 

Art. 91. Only the deputies and the senators in their respective 
houses, the ministers on behalf of the executive and the Supreme 
Court of Justice in matters pertaining to their branch have the 
right to recommend such bills, resolutions or declarations as they 
may deem convenient. 

^ Public or private establishments intended to give aid to certain persons. 



444 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 92. When a bill is passed by one house, it shall go as an 
original measure to the other, which shall take it under consideration, 
and may pass it or not, or amend it. In the latter case, the bill shall 
be considered as originating in the house which revises it. 

Art. 93. No bill shall be finally passed until subjected to two 
deliberations on different days, except in case of urgency, as deter- 
mined by two thirds of the votes, when there shall be only one delib- 
eration. 

Art. 94. Every bill upon being passed by Congress in separate 
session shall be forwarded to the executive within three days at the 
latest after passage in order that he may give it his sanction and 
have it promulgated as a law within ten days. 

Art. 95. If the President, with the advice and consent of the 
Council of Ministers, should find objections to sanctioning the bill, 
he shall return it to Congress within five days, setting forth the 
reasons on which he bases his dissension. If he does not object to it 
within the period mentioned, it shall be considered as being sanc- 
tioned, and shall be published as a law. When the executive returns 
the bill. Congress shall subject it to a further deliberation in joint 
session, and if it is then ratified by two thirds of the votes, it shall be 
again forwarded to the executive with this formula : " Ratified con- 
stitutionally " ; whereupon the executive shall cause it to be published 
without delay. 

Art. 96. When Congress passes a bill during the last five days of 
its session, and the executive deems it inexpedient to sanction it, he 
shall immediately give notice to Congress in order that it may 
remain in session for ten days beginning from the date on Avhich 
the autograph was transmitted to him ; if he fails to do this, the law 
shall be considered sanctioned. 

Art. 97. When a bill has been rejected, it can not be brought for- 
ward again until the next legislature. 

Art. 98. The sanction of the executive is necessary in the follow- 
ing decrees and resolutions: 

1. In elections made or declared by Congress and in resignations 
accepted or declined. 

2. In regulations issued by Congress or by the houses for their 
internal government. 

3. In resolutions for convening, for transferring its seat to an- 
other place, and for suspending or extending its sessions. 

4. In the budgetary law. 

5. In decrees relating to the conduct of the executive. 

6. In declarations that there are grounds for impeachment. 
Art. 99. Whenever the purpose of a bill not emanating from the 

Supreme Court of Justice is to re^se or repeal provisions of the 
Civil Code, Penal Code, Code of Commerce, Mining Code or Code of 



NICARAGUA. 445 

Procedure, it shall not be discussed without hearing the opinion of 
said Court. Avhich shall give it either during the same session or that 
of the next year, according to the extent, importance, or urgency of 
the bill. 

Art. 100. The formula which is to be used in publishing the laws 
is the following: "The President of the Republic to the inhabitants 
thereof, Know ye that Congress has ordained as follows (here the 
text and signatures). Therefore let it be enforced." 

Tttt.e XIII. — The Executive Power. 

Art. 101. The executive power shall be held by a citizen called the 
President of the Republic, in his default by the Vice-President, and 
in the default of the latter by one of the Designates according to 
their order. 

Art. 102. The President of the Republic, the Vice-President and 
the Designates must be citizens in the exercise of their rights, over 
30 years of age, of the secular estate and natives of Nicaragua. 

Art. 103. The election of President and Vice-President of the 
Republic shall be by popular vote, direct and public. 

Art. 104. The term of office of the President and Vice-President 
of the Republic shall be four years, and shall begin on the first of 
January. Xo citizen who holds the office of President, either as the 
duly elected incumbent or accidentally, shall be eligible to the office 
of President or Vice-President for the next term. 

Art. 105. No person shall be elected President or Vice-President 
who is related by consanguinity or affinity in a direct line, or up to 
the fourth degree inclusive in a collateral line, with the President 
of the Republic or with the person holding the office of President 
during the last six months prior to the election. 

Art. 106. In case of the absolute or temporary default of the Presi- 
dent of the Republic, the executive power shall devolve upon the 
Vice-President, and in default of the latter upon one of the Desig- 
nates in the order of their election. In the latter case, should Con- 
gress be in session, it shall be its duty to authorize the entrustment 
of the office to the Representative whom it may designate, who must 
fulfill the requirements for President of the Republic. 

x\rt. 107. Until the person designated by law enters upon the office 
of President of the Republic, the executive power shall be exercised 
by the Minister of the Interior, who shall give up possession to the 
new official if Congress is not in session. 

Art. 108. The President shall not leave the country during the 
exercise of his functions without permission of Congress, nor shall 
he do so at the end of his teriji, if there are proceedings pending 
against him for official or common-law offenses. 



446 CONSTITUTIONS OF THE STATES AT WAR. 

Title XIV. — Duties and Attribution s-^of the Executive Power. 

Art. 109. The President of the Eepublic is the Chief Magistrate 
of the nation and Commander-in-Chief of the land and naval forces. 
He has charge of the general administration of the country, which he 
shall carry on through the ministers or secretaries of State and the 
respective under-secretaries. 

Art. 110. The law shall determine the number of secretaries of 
State and the distribution of duties among them. 

Art. 111. The attributions of the executive power are as follows: 

1. To defend the independence and the honor of the nation and 
the integrity of its territory. 

2, To enforce and have enforced the Constitution and laws, issu- 
ing the necessary decrees and orders for the purpose, Mathout altering 
the spirit of the former. 

3 To appoint secretaries and under-secretaries of State and the 
other executive officers. 

4. To preserve the domestic peace and security of the Republic 
and repel all atta<;ks and aggressions from abroad. 

5. To afford the functionaries of the judicial power such aid 
and force as they may need to make their decisions effective. 

6. To remove the employees appointed by his own free will. 

T. To recommend to Congress, when required by the public 
welfare, amnesties, pardons or commutations of sentence of crim- 
inals, and to grant amnesties during the recess of Congress. 

8. To call extra sessions of Congress, when the interests of 
the nation require. 

9. To present to the legislative power through the secretaries of 
State within fifteen days from the date on which Congress convenes 
a detailed report on the administrative branches, an itemized account 
of the proceeds and expenditures of the revenues, and the budget of 
expenses for the ensuing year, pointing out improvements of which 
the legislation may be susceptible. 

10. To conclude treaties and any other diplomatic negotiations, 
submitting the same to Congress for its ratification. 

11. To direct foreign relations, to appoint consuls, agents or 
diplomatic ministers of the Republic, and to admit and receive those 
appointed by foreign nations. 

12. To cause the revenues of the Eepublic to be collected and 
expended in accordance with the law. 

13. To confer military grades in time of peace up to the rank of 
colonel, inclusive, and the higher grades up to general of division 
in the field ; and to recommend to Congress the conferring of these 
latter grades in time of peace. 



NICARAGUA. 447 

14. To asseinble the military forces of land and sea, organize 
them and distribute them in accordance with the law and the needs 
of the Republic. 

15. To grant letters of marque and reprisal, 

16. To declare a state of siege and even suspend the constitu- 
tional order, during the recess of Congress, in the cases and under 
the conditions provided in Paragraph 21 of Article 85, 

IT. To grant naturalization papers, 

18. To direct and encourage public instruction, to diffuse popu- 
lar education, and exercise supreme supervision over private institu- 
tions of learning. 

19. To sanction laws, use the veto power in appropriate cases, 
and promulgate without delay all legislative measures which do not 
require the sanction of the executive. 

20. To order the vacancies of deputies and senators filled, during 
the recess of the legislative power, within one month at the latest 
from the time they occur. 

21. To publish monthly statements of the receipts and expendi- 
tures of the public revenues. 

22. To watch over the legal exactness of money, and to decide 
what may be proper regarding the admission and circulation of 
foreign money. To see to the uniformity of weights and measures, 
and in general to exercise supreme police supervision, 

23. To attend to the internal securit}^ and external defense of 
the country, 

24. To conclude contracts for the purpose of supplying the 
needs of the administration and to submit to the ratification of 
Congress those which relate to loans, colonization, navigation and 
other works of utility, as well as those which involve temporary 
privileges or affect national property, or when money not appro- 
priated in the budget is available, 

25. To declare war with the authorization of Congress and to 
conclude peace when the convenience of the nation requires. 

26. To direct the operations of war as Commander-in-Chief of 
the national army and navy. When he wishes to place himself at 
the head of the army, he shall commit the office of President to the 
person who is to take his place in accordance with the Constitution, 
and he shall remain invested solely with the character of Commander- 
in-Chief and with the attributions of Commanding General. 

27. To see that Congress convenes on the date set by the Con- 
stitution, taking the necessary measures for the purpose in due time. 

28. To grant patents in order to guarantee for a certain period 
literary property and useful inventions applicable to new industries 
or to the improvement of those already existing. 



448 CONSTITUTIONS OF THE STATES AT WAR. 

29. To designate, during the recess of Congress, the place where 
the government authorities shall transfer their seat when serious 
reasons arise for taking this step. 

30. To raise the necessary force in order to repel any invasion 
or to quell rebellions, and in these cases to decree taxes or loans and 
give an account to Congress at its next session. 

31. To dispose the land and naval forces for the defense and 
security of the Republic in order to maintain order and tranquillity 
therein, and for any other purpose demanded by the public service. 

32. To rehabilitate, in accordance with the law, those citizens 
who may be suspended in the exercise of their rights. 

33. To take the necessary measures in order that the elections 
may be held at the time prescribed by law, and in order that the 
rules provided by the law may be observed. 

34. To close or open ports during the recess of Congress. 

35. To adopt regulations governing his attributions. 

36. To adopt suitable measures for taking the census of the 
population and other branches of the national statistics, 

37. To establish special rules for the temporary government of 
regions which are uninhabited or which are inhabited by uncivilized 
natives. 

38. To determine the rules to which the occupation or aliena- 
tion of vacant public lands shall be subject, and to devote these lands 
to colonization and useful enterprises. 

39. To suspend the execution of the death penalty whenever 
requested to take the initiative in commuting a sentence, being 
obliged to give an account to Congress at its next session. 

Art. 112. When the public tranquillity is threatened, the executive 
may issue warrants of arrest against persons presumed to be guilty, 
and examine them, placing them at the disposal of the competent 
judges within ten days; but if it is necessary in the opinion of the 
executive to confine in the interior or to expel from the Republic 
any persons suspected of conspiracy or treason, he shall decide on 
the proper steps to be taken in the Council of Ministers and with 
the votes of two sitting senators. If public order is disturbed, the 
concurrence of the senators shall not be indispensable. 

Art. 113. The President and his ministers and senators, as the 
case may be, shall be responsible for the measures adopted by them 
against the Constitution and the laws. In civil matters the responsi- 
bility shall be joint. 

Title XY. — Secretaries of State. 

Art. 114. The secretaries of State must be citizens in the exercise 
of their rights, natives of Nicaragua, of the secular estate and over 25 
years of age. 



NICARAGUA. 449 

All decrees, resolutions and orders of the President of the Republic 
must be authorized by the secretaries of State within their respective 
branches. 

Art. 115. The following persons can not be secretaries of State : 

1. Contractors for public works or services on account of the 
nation. 

2. Persons who as a result of their contracts have claims in 
their own interest against the public treasury. 

3. Debtors of the public treasury. 

4. Persons administering public funds, until their accounts are 
finally settled. 

5. Relatives of the President of the Republic within the second 
degree of consanguinity or affinity. 

Art. 116. The secretaries of State may attend, without voting, the 
deliberations of the legislative power, and they shall be obliged to 
attend whenever called upon and answer inquiries made of them hj 
any representative in. regard to the affairs of the administration, 
except those relating to war and foreign relations, when secrecy is 
deemed necessary, unless the house decides to the contrary. 

Title XVI. — The Judicial Power. 

Art. 117. The judicial power of the Republic shall be exercised by 
a Supreme Court of Justice, by the Courts of Appeal, and by the 
judges and other employees which the law may establish. The 
Supreme Court shall reside at the capital, and shall be composed of 
five sitting magistrates. There shall be also two substitute magis- 
trates. 

There shall be three Courts of Appeal, one situated in the city of 
Granada, another at Leon, and the third at Bluefields. The first two 
shall be composed of six sitting magistrates, three for each of the 
two sections, civil and criminal; that of Bluefields shall have three 
sitting magistrates, and two substitute magistrates. The inferior 
judges shall be determined by statute. 

The magistrates of the Supreme Court and of the Courts of Appeal 
shall be appointed by Congress in joint session. The term of office of 
the former shall be six years, and that of the latter four years. 

Congress may create other Courts of Appeal. 

Art. 118. The magistrates must be citizens in the exercise of their 
rights, of the secular estate, lawyers and over 30 years of age. 

Art. 119. Persons connected by relationship of consanguinity 
within the fourth degree, or of affinity within the second degree, 
can not be magistrates or judges in the same court. 



450 COlifSTITUTIONS OF THE STATES AT WAR. 

If two or more persons related within these degrees are elected, the 
person receiving the highest number of votes shall be preferred, 
and in case of a tie, the senior lawyer. 

The election of the others shall be made over again. 

Art. 120. The law shall regailate the organization of the judicial 
power and the administration of justice. 

Art. 121. The right to judge and carry out judgments belongs to 
the courts and the other tribunals of justice. 

Art. 122, The tribunals and judges of the Eepublic shall prefer- 
ably apply: 

1. The Constitution and constitutive laws. 

2. The laws and legislative decrees. 

3. The executive decrees and resolutions. 

In no case shall they apply provisions or revisions made by virtue 
of an official communication. 

Art. 123. The Supreme Court of Justice shall furthermore exer- 
cise the following attributions: 

1. To adopt its internal rules. 

2. To take exclusive cognizance of official and common offenses 
committed by the high officials, when Congress has declared that 
there are grounds for their impeachment. 

3. To authorize lawyers, court clerks, or notaries who have been 
admitted within or outside the Republic to the practice of their 
profession, and to suspend and reinstate them in accordance with 
the law. 

4. To take cognizance of appeals against the resolutions of the 
Court of Accounts. 

5. To take cognizance of appeals for review and for asylum in 
the cases provided by law. 

6. To take cognizance of maritime prize cases, and of the other 
matters referred to it by law, 

7. To appoint inferior judges, forensic physicians and registrars 
of the property in accordance with the law. 

8. To accept the resignations of the employees appointed by it, 
and even to remove them before the expiration of their term of office, 
with or without stating grounds for doing so, it being necessary in 
the latter case that the resolution be adopted unanimously. 

9. To decide the protests made against ordinances issued by 
municipalities and other local administrative corporations, when 
contrary to the Constitution and the laws. 

Art. 124. Any person injured in his rights by the application of 
a law in a particular case may challenge the constitutionality thereof 
directly before the Supreme Court of Justice, provided the law relates 
to matters not triable before the courts of justice. 



NICAKAGUA. 451 

Art. 125, The aclniinistration of justice in the Republic shall be 
gratuitous. • 

Ai{T. 126. Members of courts of justice shall not hold any office 
filled by popular election, or carrying with it additional jurisdiction. 

Art. 127. Courts of justice may demand the aid of the armed 
forces for the execution of their decisions and if the armed forces are 
refused them, or are unavailable, they may demand such aid from the 
citizens. Any official or citizen who unduly refuses to render that 
aid shall incur liability. 

Art. 128. In no case shall there be more than three instances, and 
the same judges shall not officiate in more than one thereof. 

Art. 129. In civil matters, the jury may be called upon to pass on 
the facts when so requested by the parties, and in this case the judge 
shall merely apply the law. 

Art. 130. The magistrates of the courts of justice shall enjoy the 
same immunities and prerogatives as the representatives in Con- 
gress, except the exemption from civil suit. 

Art. 131. The magistrates of the Supreme Court of Justice may, 
with a voice but without a vote, attend the deliberations of either of 
the legislative houses, or of both in joint session, whenever they 
relate to matters originating in said court or to those dealt with in 
Article 99. 

Title XVII.— The Budget. 

Art. 132. The budget shall be passed by Congress in view of the 
recommendations of the executive and judicial powers, within their 
respective spheres. 

Art. 138. The budget bill shall be presented by the Minister of 
the Treasury fifteen clays at the latest after Congress convenes. 

Art. 134. All expenditures made outside of the budget are unlaw- 
ful, and the official ordering them and the disbursing officer shall be 
jointly responsible for the amount expended, without prejudice to 
whatever penalties may be incurred according to law. 

Art. 135. The treasurj^ of the nation shall comprise: 

1. All its real and movable property. 

2. All outstanding credits. 

3. All duties, imposts and taxes paid into the treasury by the in- 
habitants of the Eepublic. 

Art. 136. For the administration of the public revenues, there shall 
be a general office for collection and disbursement as well as such 
other offices as may be necessary. 

Art. 137. In order to hold the office of Treasurer General, it shall 
be necessary to be over 30 years of age, a citizen in the exercise of 
his rights, and of well-known good conduct, and not be a creditor 
or debtor to the public treasury or have accounts pending therein. 



452 CONSTITUTIONS OF THE STATES AT WA^. 

Art. 138. For the purpose of exercising the supervision of the 
National treasury, there shall be a Court of Accounts, which shall be 
in charge of examining and finally settling the accounts kept by offi- 
cers administering public interests. 

The members of this Court must fulfill the same requirements as 
the Treasurer General, but all employees except the president may be 
appointed when they are over 25 years of age. Their number, organ- 
ization and attributions shall be determined by the law, and their 
appointments as well as that of the Treasurer General belong to the 
executive power. 

Art. 139. No public authority, official or corporation can con- 
clude contracts in which property or funds belonging to the nation 
or to local boards are involved for any purpose, without previously 
calling for bids and publishing proposals made. Cases are excepted 
in which, owing to the nature of the contracts, these must be con- 
cluded with certain individuals, or in which, owing to the small 
amount involved, it is not necessary to call for bids. The law shall 
regulate this matter. 

Title XVIIL— The Army. 

Art. 140. The public forces are established for the sake of assur- 
ing the rights of the nation, the enforcement of law and the main- 
tenance of public order. 

Art. 141. The discipline of the army shall be regulated by military 
laws and ordinances, No armed body shall be allowed to deliberate 
or to exercise the right of petition. 

Soldiers in actual service shall not be permitted to hold offices filled 
by popular election. 

Art. 142. Military service is compulsory, but in time of peace 
this duty may be discharged through substitutes. Every male Nica- 
raguan from 18 to 45 years of age is a soldier in the army. The law 
shall provide for the proper organization, and specify the grounds for 
exemption from service. 

Ministers of any form of religious worship shall render service 
in the &.rmj only as chaplains or in the ambulance service. 

Art. 143. There shall be no attractive jurisdiction, and military 
persons in actual service shall be subject to military jurisdiction for 
purely military offenses. 

Title XIX. — Departmental Government. 

Art. 144. For purposes of political administration, the territory 
of the Eepublic shall be divided into departments, and there may 
be districts, the number and boundaries of which shall be fixed 
by law. 



NICARAGUA. 453 

Title XX. — Municipal Government. 

Art. 145. The local government of the towns shall be in charge of 
municipalities elected by the popular, public and direct vote of the 
citizens of the respective towns in accordance with the hnv. 

Art. 146. The number of members of the municipalities shall be 
determined by law, taking into account the nimiber of inhabitants of 
each town. 

Art. 147. The attributions of the municipalities shall be purely 
economic and administrative. They shall be determined by law. as 
shall also the requirements laid down in order to become a member 
thereof. 

Art. 148. Municipalities may freely levy local taxes in accordance 
with the Constitution and the general laws, submitting them to the 
approval of "the executive when they affect solely the interests of the 
respective town or of the department to which it belongs, and to the 
legislative power when they impose burdens on one or more other 
departments, even though indirectly. 

Art. 149. Municipalities shall administer the funds of the com- 
munity for the benefit of the latter, rendering an account to the supe- 
rior authority established by law, and they shall publish annually a 
detailed report of the receipts and expenditures of their funds. 

Art. 150. In the exercise of their exclusive functions, they shall be 
independent of the other authorities, but in no case shall they act 
against the general laws of the country; and they shall be responsible 
collectively and individually before the courts of justice for any 
abuses they may commit. 

Art. 151. Municipalities shall appoint their ow^n officials, and they 
nuiy also appoint local police agents for purposes of order, security, 
sanitation, comfort, improvement and recreation, and they may enact 
regulations on this subject, subject to the general laws. 

Art. 152. The members of the municipalities shall not be obliged 
to discharge any other duties, not even military service in time of 
war. 

Art. 153. Municipal resolutions having the character of local laws 
shall be submitted for the approval of the executive. 

Title XXI. — The Responsibility or Public Officials. 

Art. 154. Every public official upon assuming office shall take an 
oath to observe and cause to be observed the Constitution and the 
law^s. and shall be responsible for his acts. 

Art. 155. The President of the Eepublic, senators, deputies, magis- 
trates of the courts of justice, secretaries and under-secretaries of 
State and ministers and diplomatic agents shall be responsible before 
Congress for common offenses and for official offenses which they 



454 GONSTITUTIOl^S OF THE STATES AT WAR. 

may commit in the exercise of their functions, for the purpose of 
declaring whether or not there are grounds for their indictment and 
placing the culprit at the disposal of the competent court. 

Art. 156. Once a ju:dgment has been pronounced declaring a persoi. 
guilty of an official offense, the guilty party can not be granted a 
pardon. 

Art. 15T. Notwithstanding the approval which Congress may gi ve 
to the conduct of the executive, the President and the secretaries of 
State may be indicted for official offenses up to five years after they 
have ceased in the exercise of their office. 

Art. 158. When it has been declared that there are grounds for the 
indictment of a public official in the full exercise of his duties, and 
the latter has been freed of the charge, he shall resume the discharge 
of his duties. 

Title XXII. — Constitutive Laws. 

Art. 159. The following laws are constitutive : the press law, the 
martial law and the law of asylum {amparo). 

Title XXIIL- — The Reform of the Constitution and of Consti- 
tutive Laws. 

Art. 160. Whenever a partial reform of the Constitution or con- 
stitutive laws is deemed appropriate, this may be done, observing the 
following rules: 

1. The bill shall be presented by two or more members of the 
houses and read twice, with an interval of four days. 

2. Upon being taken up for debate, it shall be referred to a 
committee which shall present its report thereon within six days. 

3. The report shall be read twice, on different days. 

4. When the revised law has been approved by two thirds of the 
votes in each one of the houses, it shall be published by the press. 

5. The reform shall be without legal effect until it has received 
the approval of two thirds of the votes in the next legislature, after 
a lapse of two years, in compliance with the usual procedure. 

Art. 161. The reform of the articles of the Constitution which 
forbid the reelection of the person who exercises the Presidency of 
the Republic shall not be effective during the period in which said 
reform is made, nor in the following one. 

Art. 162. Treaties or compacts referred to in the last part of 
Article 2 shall be ratified by a two thirds vote of each house, and 
by this act the Constitution shall be considered as amended, not- 
withstanding the provisions of this title. 

Art. 163. An absolute constitutional reform may not be made 
until after a lapse of ten years, and for this purpose the regulations 



NICARAGUA. 455 

of Article 160 shall be observed. A declaration to this effect having 
been made, a Constituent Assembly shall be convened. 

Art. 164. The ordinary Congress, upon declaring that the Consti- 
tution should be entirely reformed, shall close its sessions and become 
ipso facto dissolved. 

Title XXIV. — General Provisions. 

Art. 165. The present Constitution supersedes that of 30 March 
1905 and the Law of Guarantees of 15 September 1910 ; moreover it 
declares the Constitution signed on 4 April of the present year by 
the previous Constituent Assembly to be null and void. 

Art. 166. Until revised or repealed other laws shall remain in 
force, provided they are not contrary to the provisions of this 
Constitution. 

Art. 167. The present Constitution shall go into force on 1 March 

1912, -""^ 

Title XXY. — Transitory Provisions. 

Art. 168. Pending the convening of the first Constitutional Con- 
gress elected in the manner and at the time established by the elec- 
toral law decreed by the present Constituent Assembly, the latter 
shall continue to discharge its duties and those which belong to the 
ordinary Congress in accordance with the Constitution. 

For this purpose it can suspend its sessions and reopen them when- 
ever it deems it proper.^ 

Art. 169. The renewal of the deputies during the first biennial 
period shall be made by lot, as shall also be that of the senators 
during the first and the second biennial periods. 

Art. 170. The decrees of the present Constituent Assembly in re- 
gard to the appointments of President and of Vice-President of the 
Republic and magistrates of the courts of justice shall remain in full 
force and effect for the time which they respectively comprise.^ 

Art. 171. The decrees of 18 May, 15 July and 14 October last 
regarding the creation, attributions and powers of the Mixed Com- 
mission shall likewise remain in full force and effect, notwithstand- 
ing the provisions of this Constitution. The present National Con- 
stituent Assembly shall without any restriction enact such reform- 
atory and supplementary laws and provisions as may be conducive 
to the objects stated in such decrees. 

Art. 172. As soon as the Constitution is promulgated, all public 
employees shall take the oath in legal form to strictly and faith- 
fully observe all its provisions.- 

1 This article has been declared ineffective by decree of the National Constituent V 
Assembly of 4 April 1913. A 

2 Here follow the signatures of 40 deputies and the presidential decree of promulga-f ^ 
tion. 



PANAMA. 

After having constituted part of Colombia as a State, then (sijnce 
1886) as a simple province, the territory of Panama became inde- 
pendent during the civil Avar of 1898-1902. This independence has not 
been formally recognized by Colombia, although an attempt in this 
direction was made in the treaty which it concluded with the State 
of Panama and the United States in January, 1909.^ By a treaty 
concluded 18 November 1903,- the State of Panama ceded to the 
United States, in consideration of a sum of $10,000,000 and an annual 
rent of $250,000 a zone of territory necessary for the construction of 
the Panama Canal. The Constitution of the new State bears date of 
13 P'ebruary 190-1:; it was sanctioned the fifteenth of the same month 
by the junta of the provisional government. A legislative decree of 
G June 1904 modified Article 73, No. 18 (pardoning power). The 
electoral law (No. 89) dates from 7 July 1904.^ 



CONSTITUTION OF 13 FEBRUARY 1904.^ 
[Preamble.] 

"We, the representatives of the people of Panama, assembled in 
National Convention for the purpose of constituting the nation, 
maintaining order, guaranteeing justice, promoting the general wel- 
fare and securing the benefits of liberty for ourselves, our posterity 
and all men v.^ho may inhabit the Panaman soil, invoking the protec- 
tion of God, do ordain, decree and establish for the Panaman nation 
the following Constitution. 

Title I. — The Nation and Its Territory. 

Article 1. The Panaman people hereby constitute themselves an 
independent and sovereign nation, ruled by a republican and demo- 

1 English text of the three treaties in Papers relating to the Foreign Relations of the 
United States, 1909 (Washington, 1914), pp. 223-233. These treaties being of a tripartite 
nature are non-operative owing to the failure of Colombia to ratify them. 

2 English text in Papers relating to the Foreign Relations of the United States, 190^ 
Washington, 190.')), pp. 543-551, and British and Foreign State Papers, 96: pp. 553-561. 

' This introductory paragraph is based upon F. R. Dareste et P. Dareste, Les Con- 
stitutions modernes (3d edition, Paris, 1910), vol. ii, pp. 567-568. 

* Spanish text and English translation in parallel columns in J. I. Rodriguez, American 
Constitutions (Washington, 1906), vol. i, pp. 392-422. English translation also in the 
British and Foreign States Papers, 98 : pp. 950-970, and Papers relating to the Foreign 
Relations of the United States, 1901, (Washington, 1905), pp. 562-58^. The translation 
given here is based upon the one in Rodeiglez. 

•S8381— 19 30 457 



'»^»A. " 



458 coisrsTiTUTio3srs of the states at war. 

cratic government, under the denomination of the Republic of 
Panama. 

Art. 2. The sovereignty resides in the nation, which shall exer- 
cise it through its representatives in the manner established by this 
Constitution and under the conditions therein expressed. 

Art. 3. The territory of the Republic is the same which, under 
the Act of 27 February 1855, additional to the Granada Constitution 
of 1853, formed the State of Panama, and became afterwards, in 
1886, the Department of Panama, with its islands, and the conti- 
nental and insular territory which was awarded to the Republic of 
Colombia by the President of the French Republic on 11 September 
1900.^ The territory of the Republic remains subject to the jurisdic- 
tional restrictions stipulated or which may be stipulated in public 
treaties with the United States of North America for the construc- 
tion, maintenance or sanitation of any route of interoceanic transit. 

The boundaries with the Republic of Colombia shall be determined 
by public treaties. 

Art. 4. The territory of the Republic is divided into the provinces 
of Bocas del Toro, Code, Colon, Chiriqui, Los Santos, Panama and 
Veraguas. The provinces are divided into municipalities. 

The National Assembly may increase or decrease the number of 
the former and of the latter, or change their boundaries. 

Art. 5. The territory, together with the public property forming a 
part thereof, belongs to the nation. 

Title II. — Nationality and Citizenship. 

Art. 6. The following are Panamans: 

1. All those born or who may be born in the territory of Pan,ama, 
whatever the nationality of their fathers may be. 

2. Children of Panaman father or mother, born in another terri- 
tory, if they take up their domicile in the Republic and express their 
intention to become Panamans. 

3. Foreigners, who have resided for over ten years in the Republic, 
professing some science, art or industry, or owning some real estate, 
or capital in circulation, if they declare, before the Panaman munici- 
pal authority of the territory in which they reside, their intention of 
being naturalized in Panama. Six years residence will suffice if they 
are married and have a family in Panama, and three years if they 
are married to a Panaman woman. 

4. Colombians who, having taken part in the movement for the 
independence of the Republic of Panama, declare or have declared, 
before the municipal council of the district in which they reside, their 
intention to become Panamans. 

1 French text in the British and Foreign State Papers, 92 : pp. 1038-1040. 



PANAMA. 459 

Art. T. Pananiaii nationality is lost : 

1. By taking out naturalization papers in a foreign country and 
acquii'ing a doniicile therein. 

2. By accepting employment or honors from another government 
without the permission of the President of the Repuhlic. 

3. By refusing to indorse the movement for the independence of 
the nation, if the one who does so was born in Panama. 

4. By engaging in the service of a hostile nation. 
Nationality can only be recovered through rehabilitation by the 

National Assembly. 

Akt. 8. It is the duty of all Panamans to serve the nation as may 
be provided by law, and they as well as all foreigners residing within 
the territory of the Republic must submit to the Constitution and the 
laws, and res]iect and obey the authorities. 

Art. 9. Foreigners shall enjoy in Panama the same rights as are 
granted to Panamans by the laws of the nation to which the foreign- 
ers belong, unless something to the contrary has been stipulated in 
puldic treaties, or. in the absence thereof, by the provisions of 
the law. 

Art. 10. Naturalized or domiciled foreigners shall not be bound to 
take up arms against the land of their birth. 

Art. 11. All Panamans over 21 3'ears of age are citizens of the 
Republic. 

Art. 12. Citizenship consists in the right of voting in the elections 
of public officers and in the capacity to hold public offices with au- 
thority and jurisdiction. 

Art. 13. Citizenship, once acquired, is only lost : 

1. As a penalty in accordance with the law, but rehabilitation 
may be obtained through the National Assembly. 

2. By loss of the Panaman nationality, according to the national 
Constitution. 

Art. 14. Citizenship is suspended: 

1. By criminal prosecution, as soon as the arrest of a citizen is 
ordered by the court. 

2. By legal inability to freely administer property. 

3. By habitual drunkenness. 

Title III. — Individual Rights. 

Art. 15. The authorities of the Republic are constituted for the 
protection of all persons, whether residents or visitors, in their lives, 
honor and property, for the securing of reciprocal respect of all 
natural, constitutional and legal rights, and for the prevention and 
punishment of crime. 

Art. 16. Panamans and foreigners are equal before the law. There 
shall be no exemptions or personal privileges. 



460 CONSTITUTIONS OF THE STATES AT WAR. 

Art. it. Every person has the right to present respectful petitions 
to the authorities, on matters of public or private interest, and to re- 
ceive a prompt reply. 

Art. 18. Public corporations legally authorized have the right to 
be recognized as juridical persons, and to perform, as such, civil acts 
and enjoy the guarantees set forth in this title, with the general 
limitations established by the laws for reasons of general welfare. 

Art. 19. There shall be no slaves in Panama. He who being a 
slave, sets foot in the territory of the Republic, shall be free. 

Art. 20. All the inhabitants of the Republic have the right to 
assemble peacefullj' and unarmed, and to form associations for all 
the legitimate purposes of life. 

Art. 21. Every person shall be free to travel within the bound- 
aries of the Republic and change residence, without the necessity of 
a permit, passport or other similar requisite, with the exceptions 
which the laws provide concerning the giving of security in land in 
judicial cases and concerning immigration. 

Art. 22. No one shall be tried or sentenced except by competent 
judges or courts, by virtue of the laws existing prior to the com- 
mission of the offense, and in the form established by these laws. 

Officials who exercise authority or jurisdiction may punish, never- 
theless, for contempt, without previous trial, any one who may be 
insulting or disrespectful to them while discharging their duties; 
and military commanders and captains of vessels may inflict ■ sum- 
mary punishment in order to check insubordination, maintain order 
or repress crimes committed on board and away from port. 

Art. 23. No one shall be molested in his person or family, or be 
placed in prison or under arrest, or detained, or have his home 
searched, except by virtue of a w^arrant issued by competent au- 
thority, with the legal formalities and for reasons previously set 
forth in the laws. 

In no case shall there be detention, imprisonment, or arrest for 
debts or purely civil obligations, unless it is by judicial order for 
failure to give bond when required by law. 

Offenders caught in -flagrante delicto may be arrested and taken 
before the judge by any person whatever. 

Art. 24. All persons detained or imprisoned Avithout the legal 
formalities, or in violation of the Constitution or the laws, shall be 
set at liberty upon their oAvn request or that of any other person. 
The law shall determine the form of this summary proceeding. 

Art. 25. No one is bound to testify in criminal matters against 
himself, or against his consort, or against any member of his family 
within the fourth degree of consanguinity or the second of affinity. - 

Art. 26. The profession of all religions is free, as is also the prac- 
tice of all forms of worship, without any other restriction than 



PANAMA. 461 

respect for Christian morality and public order. It is recognized, 
liowever, that the Catholic religion is that of the majority of the 
inhabitants of the Kepublic, and the law shall provide that it be 
aided in founding a theological seminary in the capital and in send- 
ing missions to the native tribes. 

Art. 27. Every one may freely express his opinions, either orally 
or in writing, through the press, or in any other way, without being 
subject to censorship, when referring to official acts of public func-A''. 
tionaries. 

Legal responsibility shall, however, be incurred when the honor 
of persons is assailed by any of these means. 

Art. 28. Correspondence and other private documents are in- 
violable, and neither the former nor the latter shall be seized or 
examined, except by order of competent judicial authority and with 
the formalities prescribed by law. In all cases secrecy shall be main- 
tained with regard to matters having no bearing on the object of the 
seizure or examination. 

Art. 29. All persons are free to engage in any honorable trade or 
occupation without necessity of belonging to guilds or professional V^ 
associations. ^ , 

The authorities shall exercise supervision over the industries and 
professions in so far as they may affect public morality, safety and 
health. The proper diploma shall be required for the practice of 
medical professions and their auxiliary branches. 

Art. 30. Obligations of a civil character arising out of contracts 
or of acts, facts, or omissions capable to produce them shall not be 
impaired or annulled by either the executive or the legislative power. 

Art. 31. The laws shall determine everything relating to the civil 
status of persons, and the rights and duties arising out of it. 

Art. 82. Laws shall not have retroactive effect. 

In criminal matters, however, a permissive or favorable law shall 
be applied in preference to a restrictive or unfavorable one, even if 
it be subsequent. 

Art. 33. Eights acquired in accordance with the laws shall not be 
encroached upon or disregarded by subsequent laws. 

When the application of a law enacted for reasons of public utility 
results in the conflict of the rights of private persons with the recog- 
nized necessity of the said law, the private interests shall yield to the 
public interests. Expropriations Avhich may be considered necessary, 
however, shall require full and previous indemnification. 

Art. 3-4. Donations, inter vivos or testamentary, made in conform- 
ity with the laws, for purposes of charity or public instruction, shall 
not be changed or modified by legislation. 

Art. 35. Private persons are not responsible before the authorities 
except for violation of the Constitution or of the laws. Public offi- 



462 CONSTITUTIONS OF THE STATES AT WAK. 

cials are responsible for the same cause, and also for exceeding their 
authority, or for dereliction in the performance of their duties. 

Art. 36. In case of flagrant violation of a constitutional provision 
to the detriment of any person, an order from a superior will not 
exempt from responsibility the agent executing it. 

Private soldiers, while on duty, are expected from this provision, 
the responsibility falling solely, in this case, upon the superior who 
gives the order. 

Art. 37. Games of lot and chance shall not be permitted in the terri- 
tory of the Republic. The law shall enumerate the games prohibited. 

Art. 38. There shall be no official monopolies. 

Art. 39. There shall be no entailment of real estate, nor irredeem- 
able obligations. 

Art. 40. Every author or inventor shall enjoy the exclusive owner- 
ship of his work or invention during the time and in the manner pre- 
scribed by law. 

Art. 41. No one is obliged to pay a tax or duty which has not been 
legally established and which is not collected in the manner pre- 
scribed by the laws. 

Art. 42. No one shall be deprived of his property, either in whole 
or in part, except as a penalty or by general taxation according to the 
laws. 

For grave reasons of public utility, defined by law, condemnation 
of private property or of rights may be made by judicial order^ but 
the payment of the declared value shall be made before the owner is 
dispossessed of them. 

Art. 43. Buildings devoted to any form of worship, theological 
seminaries and the residences of bishops and parish priests shall 
not be subject to taxation, and shall only be occupied in case of urgent 
public necessity. 

.Art. 44. In no case shall the penalty of confiscation of property 
be established by law. 

Art. 45. Prisons are places of security and expiation and not of 
cruel punishment; consequently, all severity which is not necessary 
for the custody and correction of the prisoners is forbidden. 

Art. 46. The laws shall fix the degree of responsibility which pub- 
lic officials of any class incur by encroaching on the rights guaranteed 
by the provisions of this title. 

Ar.t. 47. The individual rights recognized and guaranteed in Arti- 
^cles 21, 23, 24, 27, 28 and 42 may be temporarily suspended in all or 
in part of the Republic, when the safety of the State shall require it, 
in case of foreign war or internal commotion threatening the public 
peace. 

This suspension shall be decreed by the National Assembly, if it is 
i^ session; if it is not in session and the danger is imminent, the 



I\ 



PANAMA. 463 

President of the Republic may order the suspension bj^ means of a 
decree signed by all his secretaries. In this case, the President, in 
(he same decree of suspension, shall convene the National Assembly 
in order to explain to it the reasons upon which the decree was based. 
Art. 48. The National Assembly is prohibited from enacting laws 
which may diminish, restrict or impair am^ of the individual rights 
mentioned in the present title, without a previous amendment to the 
Con«;titution, except in the cases provided for by the latter. 

Title IV. — Suffuage. 

Art. 49. All citizens over 21 years of age are entitled to the exercise 
of suffrage, except those w^ho may be under a judicial interdiction' -i; / 
and those who are judicially disfranchised on account of crime. i ^ ' 

The law may provide that certain elections be held in two gradesj^^C^^ 
and. in this case, it shall determine the qualifications of the elector^ 
of the second grade. 

The election of the President and A^iee-PirsidoRt of the Republi(| 
shall always be made by the direct \ ote of the citizens.^ ^ 

Art. 50. The laws shall fix the degree of responsibility incurred 
by public officials wh/:». by their acts, encroach on the rights recog- 
nized in this title. 

Title V. — The Public Powers. 

Art. 51. The government of the Republic is divided into three 
]30wers. namely : Legislative, executive and judicial. 

Art. 52. All the public powers are limited and exercise their re- 
spective attributions separately. 

Title VI. — The Legislative Power. 

Art. 53. The legislative power is exercised by a body called the ; 
National Assembly, composed of as many deputies as correspond to 
the electoral districts, at the rate of one for every 10.000 inhabitants 
and one in addition for a fraction of not less than 5,000, elected for 
a period of four years. 

There shall be substitutes to take the places of the regular incum- 
bents in case they fail to appear absolutely or temporarily. 

Art. 54. The National Assembly shall meet, without the necessity 
of a call, in the capital of the Republic, every two years, on the first 
day of September. 

Art. 55. The duration of the regular sessions of the National 
Assembly shall be ninety days, which, in case of necessity, the As- 

1 This paragraph was added by Article 4 of the Legislative Act of 14 March 1917 
(below, p. 478). 



464 CONSTITUTIONS OF THE STATES AT WAR. 

sembly itself shall extend for as much as thirty days. The President 
of the Eepublic may call an extra session for such period as he may 
indicate and to deal exclusively with such matters as he may submit 
to it. 

Art. 56. To be a deputy to the National Assembly, it is required to 
be a citizen in the exercise of his rights and to have attained the age 

of 25 years. 

Aet. 57. The members of the National Assembly shall not be 
responsible for their opinions or votes, given orally or in writing, 
in the discharge of their duties, and at no time or by any authority 
shall they be prosecuted on this account. 

Art. 58. The President of the Eepublic, the secretaries of State, the 
magistrates of the Supreme Court of Justice and the Attorney-Gen- 
eral of the nation shall not be elected deputies to the Assembly\uiless 
SIX months after they have ceased to exercise their functions. Citi- 
zens who have exercised the executive power shall be affected by the 
same disability. 

Art. 59. In like manner no other official shall be eligible as a dep- 
uty to the Assembly who is vested with jurisdiction or command in 
an electoral district and has exercised his authority therein ninety 
days before the day of election. 

Art. 60. For twenty days before the opening of the sessions, dur- 
ing the said sessions and for twenty days thereafter, no member of 
the National Assembly shall be subject to criminal trial without the 
assent of the Assembly. 

In cases of fiagrcmte delicto^ the culprit may be arrested and im- 
mediately placed at the disposal of the said body. Members shall 
likewise be free from civil actions during the same period. 

Art. 61. No increase of per diem or mileage allowances shall be- 
come effective until after the term of the members of the Assembly 
which voted the said increase shall have expired. 

Art. 62. The deputies of the Assembly shall not enter, directly or 
indirectly, into any contract with the administration, nor shall they 
accept from any one powers of attorney to transact business con- 
nected with the government. 

Art. 63. In cases of temporary or permanent absence of a member 
of the National Assembly, his place shall be filled by the legal sub- 
stitute. 

When any deputy withdraws from the sessions, or is replaced by a 
substitute, the former shall be entitled to the mileage of the, journey 
to the capital and the latter to that of the return to his own domicile. 

Art. 64. The President of the Eepublic shall not confer on the 
deputies of the Assembly other offices than those of secretary of 
State, governor of a province, or diplomatic or consular agent. 



PANAMA. 465 

The acceptance of any one of those offices shall cause the deputy to 
lose his seat. 

Art. 65. The legislative functions of the National Assembly are : 

1. To issue national codes and the laws necessary for the admin- 
istration of the government in all its branches, and to revise or re- 
peal them. 

2. To determine the flag and the coat-of-arms of the Republic. 

3. To create or abolish offices, and specify their functions, duties 
and attributions ; to fix the terms of office and to designate salaries. 

4. To grant or refuse its approval to public treaties negotiated 
by the executive power: without such approval they can neither be 
ratified nor exchanged. 

5. To approve or disapprove contracts or agreements made by 
the President of the Eepublic with private persons, companies or 
political entities, in which the nation may be interested, if they 
have not been previously authorized, or if the formalities prescribed 
by the National Assembly have not been observed, or if any of the 
stipulations therein contained are not in accordance with the law 
authorizing them. 

6. To grant authority to the executive power to conclude treaties, 
negotiate loans, alienate national property and exercise other func- 
tions within the limits of the Constitution. 

7. To declare war, and to authorize the executive power to make 
peace. 

8. To designate the place where the supreme branches of the 
public powers must be located. 

9. To divide the territory of the Republic into electoral districts. 

10. To define or regulate the appropriation or adjudication of 
public lands. 

11. To fix the strength of the standing army in time of peace. 

12. To organize the national police. 

13. To promote and encourage public education, sciences and arts. 

14. To decree the construction of public buildings which may be 
necessary for the State, and of all other public works which are to 
be undertaken at national expense. 

15. To promote and subsidize useful or beneficial enterprises 
worthy of furtherance and support. 

16. To enact such laws as shall be proper for taking the census 
of the population and gathering national statistics. 

17. To gi'ant amnesties, but if any civil liability is incurred with 
respect to private persons, the Republic shall be obliged to pay the 
indemnities. 

18. To organize the public credit. 



466 CONSTITUTIOlSrS OF THE STATES AT WAK. 

19. To acknowledge the national debt and regulate the service 
thereof. 

20. To make appropriations for the expenses of the administra- 
tion, upon examination of the estimates presented by the executive 
power, which may or may not be approved. 

If for any reason whatever the appropriation bill is not passed by 
the National Assemblj^, the act of the preceding year shall continue 
in force. 

21. To create such imposts, taxes and revenues as may be neces- 
sary to carr}^ on the public service. 

22. To decree the alienation of national property or its applica- 
tion to public uses. 

23. To determine the fineness, weight, value, form, type, and 
denominations of the national coins, and to regulate the system of 
weights and measures. 

24. To increase or diminish the number of provinces and munici- 
pal districts, and to change their boundaries. 

25. To frame regulations for its internal administration. 
Art. 66. The judicial functions of the National Assembly are: 

1. To take cognizance of charges and complaints made against 
the President of the Republic or the person in charge of the executive 
power, in cases involving their responsibility, the secretaries of State, 
the magistrates of the Supreme Court of Justice and the Attorney- 
General of the nation. 

2. To try the President of the Republic or the person in charge of 
the executive power, in accordance with this Constitution ; the secre- 
taries of State, the magistrates of the Supreme Court of Justice and 
the Attorney- General of the nation, when charged with offenses com- 
mitted in the performance of their functions, against the safety of 
the State, the free operation of the public powers or in violation of 
the national Constitution and laws. 

The procedure to be followed in such cases and the penalties to be 
imposed shall be determined by law. 

Art. 67. The executive functions of the National Assembly are: 

1. To inspect the credentials of its own members and to decide 
whether or not the said credentials are in the form prescribed by law. 

2. To rehabilitate those who have lost citizenship. 

3. To accept or refuse to accept the resignations of the President 
of the Republic or the Designates {Designados). 

When, for any reason, the National Assembly fails to elect Des- 
ignates, those formerly elected shall continue as such in their order. 

1 Practically repealed by Article 9 of the Legislative Act of 14 March 1917 (below, 
p. 479). This clause originally read as follows: "To elect at the ordinary session, and 
for a term of two years, three Designates, who, in the absence of the President of the 
Republic and in the order of their election, shall exercise the executive power." 



PANAMA. 467 

5. To appoint the judges of the Court of Accounts, 

6. To appoint a fiscal inspector of all the treasury offices of the 
Republic. 

7. To appoint commissions for the demarcation of the boundaries 
of the nation. 

8. To call upon the secretaries of State for such oral or written 
reports as it may need. 

9. To examine and finally approve at each ordinary session the 
general account of the treasury submitted by the executive power. 

10. To grant leaves of absence to the President of the Republic or 
to the person in charge of the executive power. 

11. To permit or refuse the sojourning of foreign war- vessels in 
the ports of the Republic when the stay is longer than two months. 

Art. 68. The National Assembly is forbidden : 

1. To allow by decree gratuities, indemnities, pensions or other 
expenditures not intended for the settlement of debts or rights recog- 
nized in accordance with the existing law, except as provided in 

Article 65. 

2. To pass acts of proscription or persecution against persons or 
•jorporations. 

3. To pass resolutions of approval or censure of official acts. 

4. To make suggestions to public officers.^ — 

Title VII. — The Executrt: Power. ^ 

Art, 69. The executive power is exercised by a migstrate to be 
called President of the Republic, who shall have for the discharge 
of his functions the number of secretaries determined by law. 

The President shall enter upon the discharge of his constitutional 
functions on the first day of October following that of his election, 
and shall remain in office for a term of four years. 

The law shall determine the names of the departments and the 
order of precedence of the secretaries. 

Art. 70. To be President of the Republic it is required : 

1. To be a Panaman by birth. 

2. To be at least 35 years of age.^ 

Art. 71. The President-elect of the Republic, or the citizen who 
takes his place, shall assume possession of his charge before the presi- 
dent of the Assembly and shall take the following oath of office: 

I swear before God and before the country that I shall faithfully- comply with 
the Constitution and the laws of Panama. 

Art. 72. If, for any reason whatever, the President of the Republic 
can not assume possession before the president of the National As- 

1 See Article 6 of the Legislative Act of 14 March 1917 (below, p. 478). 

2 See Article 7 of the Legislative Act of 14 March 1917 (below, p. 478). 



468 CONSTITUTIONS OF THE STATES AT WAR. 

senibly, he shall do so before the president of the Supreme Court of 
Justice, and failing this, before two witnesses. 

Art. 73. The attributions of the President of the Republic are : 

1. To appoint and remove, freely, the secretaries of State, the 
governors of the provinces and persons holding any national offices 
whatsoever, whose appointment does not belong to other officials or 
bodies. 

2. To see to the preservation of public order. 

3. To conduct the diplomatic and commercial relations with other 
nations, freel}' to appoint and receive the respective agents, and to 
conclude public treaties and conventions which shall be submitted 
to the National Assembly for its approval. 

4. To take care that the National Assembly shall meet on the day 
appointed by the Constitution or by the resolution or decree by 
which extraordinary sessions may be called, and to take in good time 
the necessary measures for the payment to the deputies of the mileage 
allowed them by law. 

5. To submit at the beginning of each legislature, on the first day 
of its ordinary sessions, a message relating to the affairs of the 
administration. 

6. To furnish the Assembly with such special reports as the 
latter may request. 

T. To sanction and promulgate the laws, obey them and see to 
tljeir exact execution. 

8, To submit to the National Assembly, within the first ten days 
of the regular sessions, the budget of receipts and expenditures for 
the following two years, and the general account of the budget and 
of the treasury, 

9, To supervise the collection and administration of the revenues 
of the Republic and to order their disbursement in accordance with 
the laws, 

10, To conclude administrative contracts for the performance of 
services and the execution of public works in accordance with the 
fiscal laws, with the obligation pi reporting thereon to the Assembly 
in its ordinary sessions, 

11, To grant patents of useful inventions in conformity with the 
laws, 

12, To issue naturalization papers in conformity with the laws. 

13, To allow Panamans, who request it, to accept positions or 
distinctions from foreign governments, 

14, To control, regulate and supervise national public instruction. 

15, To take care that the public institutions of the nation are 
properly conducted. 

.,; -"' 16, To sanction, promulgate and enforce all sanitary regulations 
enacted by the National Board of Health. 



PANAMA. 4g9 

17. To appoint the magistrates of the Supreme Court of Justice, 
the Attorney-General of the nation, and the public prosecutors and 
their deputies, in accord with the conditions required by law.^ r 

18. To grant pardons to those guilty of political' offenses and a,... 
commutations of sentences, in accordance with the law regulating the )o^ 
exercise of this power.- "j ^ '' 

19. To gi-ant military grades, according to the Constitution and 
the laws. 

20. To dispose of the public forces as supreme chief of the nation. 
Art. 74. All acts of the President of the Republic, except the ap- 
pointments or removals of his secretaries of State, shall be without 
any validity or force unless they are countersigned by the secretary 
of the department to Avhich they pertain, Avho /'p.so facto becomes 
responsible therefor. 

Art. 75. The President of the Republic or the person in charge 
of the executive power may discontinue the discharge of his duties 
during a leave of absence which shall be granted by the National 
Assembly, or, during the recess of the latter, by the Supreme Court 
of Justice. 

In case of illness, a previous notice to either body will suffice. 

Art. 76. The President, in the exercise of his functions and in 
the public interest, may visit, for such time as he may deem proper, 
any part of the Republic. 

Art. 77. The emoluments alloAved by law to the President of the 
Republic shall not be changed during the term for which they have 
been fixed. 

Art. 78. The President of the Republic, or whoever acts in his 
place, shall be held responsible only in the following cases: 

1. For going beyond his constitutional powers." 

2. For committing acts of violence or coercion in elections, or pre- 
venting the constitutional meeting of the National Assembly, or ob- 
structing the latter and the other public bodies or authorities estab- 
lished by the Constitution, in the exercise of their functions. 

3. For high treason. 

In the first two cases the penalty shall be no other than removal 
from office, and, if the President has ceased to exercise his functions, 
the penalty shall be disqualification from holding any other public 
office. 

In the latter case the common law shall be applied. 

Art. 79. In the temporary or permanent absence of the President 
of the Republic, the executive power shall be vested in one of the 
Designates ^ in the order in which they have been elected. 

^ See Article 8 of the Legislative Act of 14 March 1917 (below, p. 478). 

=" As amended by the Law of 19 September 1906. 

3 See Article 9 of the Legislative Act of 14 March 1917 (below, p. 479). 



470 CONSTITUTIONS OF THE STATES AT WAR. 

The only cases of permanent absence of the President are his death, 
his accepted resignation or his removal. 

The person in charge of the executive power shall enjoy the same 
preeminence and exercise the same attributions as the President of the 
Republic, whose place he fills. 

Art. 80. To be a Designate {Designado) the same qualifications 
shall be required as for being President of the Republic. 

Art. 81. When in the absence of the President the vacancy can not 
for any reason be filled by the Designate, the Presidency shall be 
exercised by the secretary of State whom the Cabinet Council selects 
by a majority of votes. 

Art. 82. A citizen who has been elected President of the Republic 
shall not be reelected for the following term, if he has filled the oiRce 
of President within the eighteen months immediately preceding the 
new election.^ 

Art. 83. Citizens called upon to fill the office of President and 
having so filled it within the six months preceding the date of elec- 
tion of the new President, and any relative of his within the fourth 
civil degree of consanguinity or the second of affinity, shall also be 
barred from election to this office.^ 

Title VIII. — The Departments or State. 

Art. 84. The distribution of business according to its nature 
among the several departments of State devolves upon the President 
of the Republic. 

Art. 85. In order to be a secretary of State the same qualifications 
are necessary as for being a deputy to the National Assembly. 

Art. 86. The secretaries of State are the sole organs of communica- 
tion between the executive power and the National Assembly; they 
may introduce bills and take part in the debates. 

Art. 87, Each secretary of State shall present to the National 
Assembly, within ten days after the beginning of each legislature, a 
detailed report or memorial on the condition of the business of his 
department and on such reforms as he may deem advisable to intro- 
duce. 

Art. 88. The National Assembly may summons the secretaries of 
State to appear before it whenever advisable. 

Art. 89. The Cabinet Council shall be composed of all the secre- 
taries of State and shall be presided over by the President of the 
Republic, 

1 See Article 10 of the Legislative Act of 14 March 1917 (below, p. 479). 

2 See Article 11 of the Legislative Act of 14 March 1917 (below, p. 479). 



PANAMA. 471 

Title IX. — The Judicial Power. 

Art. 90. The judicial power shall be exercised in the Republic by 
a Supreme Court of Justice, by such inferior and ordinary courts as 
the law may establish, and by any other special tribunals or commis- 
sions which may be created in accordance with public treaties. 

The Assembly shall exercise certain judicial functions. 

Art. 91. The Supreme Court of Justice shall consist of five magis- 
trates, appointed for four years.^ There shall be five substitutes, also 
appointed for four years, who shall fill, in their order, any temporary 
vacancy. 

In the event of permanent vacancy a new appointment shall be 
made. 

The magistrate who accepts a government office shall vacate his 
position. 

Art. 92. The appointment of the magistrates and judges of the 
ordinary courts, which the law may establish, shall be made by the 
court or judge immediately superior in rank. 

Art, 93. To be a magistrate of the Supreme Court of Justice it is 
required to be a Panaman by birth or by adoption, to have resided 
in the Republic for over fifteen years, to be over 30 years of age, 
to be in the full enjoyment of civil and political rights, to be a grad- 
uate in law, or have practiced at least for ten years as a lawyer of 
good standing, or discharged, during an equal period, the duties of 
judge or prosecuting attorney, and to have never been sentenced for 
common offenses. ^^^^ 

The same qualifications shall be required of magistrates of the 
courts of justice that may be established by law. 

Art. 94. No magistrate or judge shall be suspended from his office 
except in the cases and with the formalities provided by law, nor 
shall he be removed except by virtue of a judicial sentence. 

Art. 95. The law shall determine the cases of criminal character 
which shall be tried by jury. 

Art, 96, Justice shall be administered gratuitously throughout 
the territory of the Republic, 

Art. 97, The law shall determine the salaries of the officers of the 
judiciary, and such salaries shall be neither increased nor decreased 
during the term for which such officers shall have been appointed. 

Title X. — The Making of Laws. 

Art, 98. Laws shall originate in the National Assembly at the sug- 
gestion of its members or of the secretaries of State. 



1 See Article 8 of the Legislative Act of 14 March 1917 (below, p. 478). 



472 CONSTITUTIONS OF THE STATES AT WAR. 

Exempt from this provision are laws concerning civil jurispru- 
dence and judicial procedure, which shall not be enacted except at 
the suggestion of the respective standing committees of the Assein- 
bly, or of the magistrates of the Supreme Court of Justice. 

Art. 99. No legislative act shall become law until it shall have re- 
ceived the approval of the National Assembly in three debates on 
separate days, a majority of the votes and the sanction of the execu- 
tive power. 

Art. 100. The second debate on a bill shall not be closed, nor shall 
the bill be voted on in a third debate, without the presence of a ma- 
jority of the members composing the Assembly. 

Art. 101. After a bill is passed by the Assembly, it shall be sent to 
the executive power, and if approved, it shall be promulgated as a 
law. If not approved, it shall be returned to the Assembly with a 
statement of the objections thereto. 

Art. 102. The executive power has 6 days to return a bill with his 
objections, when the said bill shall consist of not more than 50 arti- 
cles; 10 days, when the bill contains from 51 to 200 articles; and 15 
days, when there are more than 200' articles. 

Art, 103. If, at the expiration of those terms, the executive power 
fails to reurn the bill with his objections, the bill shall become a law 
and shall be promulgated. But if the Assembly adjourns before 
the expiration of the said terms, it shall be the duty of the executive 
power to publish the bill, whether approved or objected to, within 
ten days after the date of adjournment of the National Assembly. 

Art. 104. All bills objected to in their entirety by the executive 
power shall be reconsidered by the Assembly in third debate; those 
objected to only in part shall be reconsidered in second debate for the 
sole purpose of taking the objection of the executive power into 
account. 

Art. 105. The executive power shall sanction every bill which, hav- 
ing been reconsidered, shall be passed by a two-thirds vote of the 
deputies present at the debate, provided that their number be not less 
than that required for a quorum. 

If the executive power objects to a bill on the ground of unconsti- 
tutionality, and the National Assembly insists upon its passage, the 
bill shall be referred to the Supreme Court of Justice, which shall 
render its decision within six days. If the action of the Assembly is 
sustained by the Court, the executive power shall be bound to sanc- 
tion and promulgate the bill as a law ; if the bill is pronounced un- 
constitutional, it shall be sent to the archives. 

Art. 106. If the executive power fails to sanction the laws within 
the time and under the condition set forth in this title, they shall be 
sanctioned and published by the president of the Assembly. 



PANAMA. 473 

Art. 107. Every law shall be i)romulgated Avithin six days after 
its approval. 

Art. 108. The hiws may be accompanied by an explanatory pre- 
amble, and their enacting clause shall be as follows : " The National 
Assembly of Panama decrees." 

Art. 100. Bills upon which no action has been taken at a session 
shall not be reintroduced except as new bills in another session. 

Title XI. — Public Prosecutiox. 

Art, 110. Public prosecution shall be conducted by an Attorney- 
( General of the Nation, by the public prosecutors and deputies, and 
by such other officers as the law may designate. Municipal deputies 
shall be elected by the executive power out of lists of three presented 
by the respective municipal councils. When one of the list of three 
has been elected, the other two shall be held as substitutes in the 
order established by the executive pow^er.^ 

Art. 111. It shall be the duty of the officers in charge of public 
l)rosecution to defend the interests of the nation; to see to the en- 
forcement of the laws, execution of judicial sentences and adminis- 
trative orders; to watch the official acts of public officials and to pros- 
scute offenses and misdemeanjors that disturb social order. 

Art. 112. The term of office of the Attorney-General shall be four 
years.- 

Art. 113. The same qualifications as are required to be a magistrate 
of the Supreme Court of Justice shall be required to be Attorney- 
General of the nation. 

Art. 114. The special duties of the Attorney-General of the nation 
shall be: 

1. To see that all the public officials in the service of the nation 
properly discharge their duties. 

2. To arraign before the Supreme Court such officials as must be 
tried by that body. 

3. To see that the other officers of public prosecution faithfully 
discharge their duties and to take appropriate action to hold them 
responsible for all derelictions committed by them. 

4. To appoint and remove at his discretion all his immediate sub- 
ordinates, and such other duties as the law may ascribe to him. 

_^ Title XII. — The National Treasury. 

Art. 115. The Republic of Panama holds in ownership: 

1. All property within the territory that.belonged, by whatsoever 
title, to the Republic of Colombia. 

1 The last two sentences were added by Article 12 of the Legislative Act of 14 March 
1917 (below, p. 479). 

2 See Article 2 of the same Act (below, pp. 477-478). 

88381—19 31 



474 CONSTITUTIOlSrS OF THE STATES AT WAE. 

2. The rights and actions which the Republic of Colombia had 
Avithin or without the country by reason of the sovereignty it exer- 
cised over the territory of the Isthmus of Panama. 

3. The property, revenues, lands, securities, rights and actions 
that belonged to the former Department of Panama. 

4. The vacant lands, salt deposits, lode and placer mines, or 
mines of any other character, and those of precious stones, without 
23rejudice to lawfully acquired rights. 

Art. 116. The power of coining money of legal tender, of whatever 
description, is vested in the nation and can not be transferred. There 
shall be no private banks of issue. 

Art. 117. No paper money shall be made legal tender in the Re- 
public. Consequently, it shall be optional for any one to refuse notes 
or other certificates, whether it be of official or of private origin, in 
which he has no confidence. 

Art. 118. The landed property in the Republic shall not be trans- 
ferable to foreign governments, except as stipulated in public treaties 

Art. 119. No expenditure of public money shall be made without 
authority of law. 

No moneys appropriated for one purj)Ose shall be applied to,an}- 
other purpose not provided for in the budget. 

Art. 120.^ The executive power can not vote an extraordinary al- 
lowance, except in the following cases : 

1. Whenever any public calamity occurs. 

2. Whenever there is need to attend to some obUgations which 
affect national honor or unavoidable expenses for international 
courtesy. 

3. In case of disturbance of public order. 

These allowances shall be granted by the Cabinet under the joint 
responsibility of the President and his secretaries of State, and the 
reasons for this action shall be recorded in each case and submitted 
to the National Assembly at its ordinary sessions. 
/^Art. 121. No indirect tax shall be collected or increased until three 
months after the date of the promulgation of the law establishing 
the same. 

lAs amended by Article 13 of the Legislative Act of 14 March 1917 (below, p. 480). 
This article originally read as follows : 

" Should the necessity arise to make an expenditure, which in the judgment of the 
executive power can not be avoided, during a recess of the National Assembly and for 
which no fund or an insufficient fund may have been appropriated, an additional or 
extraordinary allowance may be granted to the department concerned. 

Such allowance shall be granted by the Cabinet Council, under its joint responsibility, 
and the reasons for this action shall be recorded. 

The approval of such allowances belongs to the National Assembly." 



PANAMA. 475 

Title XIII. — The Public Force. 

Art. 12'2. All Panamans are bound to take up arms whenever de- 
manded by public necessity, for the defense of national independence 
and the institutions of the country. 

The law shall determine the conditions for exemption from mili- 
tary service. 

Art. 123. The law shall organize the military service and the na- 
tional police. 

Art. 124. The nation may maintain a standing army for its de- 
fense. 

Impressment is prohibited. 

Art. 125. The public force is not a deliberative organization. It 
shall not assemble unless by order of the lawful authority and shall 
not make petitions except upon subjects relating to the good service 
and the morality of the army, and in accordance with the laws of 
their establishment.^ 

Art. 12G. Offenses committed by military persons while on active 
duty, or in connection therewith, shall be tried by courts-martial, or 
military tribunals, in accordance with the provisions of the Military 
Code. 

Art. 127. The national government alone shall have the power to 
import and manufacture arms and ammunition. i 

Title XIV. — The Provinces. 

Art. 128. There shall be in each province a governor, whose ap- 
pointment and removal shall -be at the pleasure of the President of 
the Republic, and whose powers and duties shall be defined by law. 

Art. 129. There shall be in each municipal district a corporation 
that shall be styled municipal council and consist of the number of 
members determined by law and elected directly by popular vote. 

x\rt. 130. Municipal districts are autonomous as to their internal 
affairs, but they can not contract debts without the authorization of 
the National Assembly. 

Art. 131. The municipal councils shall, by means of their own 
resolutions or of regulations issued by technical boards or commis- 
sions, provide all that may be necessary for the government of the 
district; levy loqal taxes and make local expenditures within the 
bounds established by the fiscal system of the nation, and exercise 
such other functions as may be ascribed to them by law. 

Art. 132. There shall be in each municipal district a mayor ap- 
pointed as provided by law, whose duty it shall be to discharge ad- 
ministrative functions in the municipality as the agent of the gover- 
nor and mandatory of the people. 

1 See Article 14 of the Legislative Act of 14 March 1917 (below, p. 480). 



476 CONSTITUTIONS OF THE STATES AT "WAR. 

Title XV. — General Provisions. 

Art. 133. Primary instruction shall be compulsory, and, when 
public, shall be free. There shall also be schools of arts and trades 
and institutions of secondary and professional instruction at the ex- 
pense of the nation. 

The law shall decentralize public instruction and assign to it spe- 
cial revenues. 

Art. 134. There shall be in Panama no office whose powers and 
duties shall not be particularized by law or regulations, and no 
public officer shall receive two or more salaries from the national 
treasury except under the provisions that may be made by law in 
special cases. 

Art. 135. Ministers of religious denominations shall not hold any 
office, employment or public trust in the Republic, whether personal, 
civil or military, except such positions as are connected with public 
charity or education. 

Art. 136. The government of the United States of America shall 
have the power to intervene in any part of the Republic of Panama 
to reestablish public peace and constitutional order, in the event of 
their being disturbed, if the said nation, by public treaty, assumes 
the obligation of guaranteeing the independence and sovereignty of 
this Republic. 

Title XVI. — Amendments to the Constitution. 

Art. 137. This Constitution may be amended through a legis- 
lative measure enacted in legal form, transmitted by the govern- 
ment to the next ordinary National Assembly for its final considera- 
tion, discussed anew by the later and approved by two thirds of the 
members constituting the Assembly. 

Title XVII. — Transitory Provisions. 

Art. 138. In order to secure for posterity a part of the pecuniary 
advantages derived from the negotiations for the construction of 
the interoceanic canal, the sum of six million dollars is hereby set 
aside for investment in securities bearing a fixed annual interest. 
The said investment shall be regulated by law. 

Art. 139.1 ( ,^^ ^ 

Art. 140. The first President of the Republic shall be elected by 
the National Convention by an absolute majority of votes on the day 

1 Repealed by the Legislative Act of 14 March 1917. This article read as follows : 
" The law shall impose the penalty of death only for murder when accompanied by 

circumstances of atrocious character ; and this shall be done only as long as no good 

penal establishments or real penitentiaries exist in the Republic." 



PANAMA. 477 

of the promulgation of this Constitution. He shall take possession 
of the post immediately and shall exercise his functions until 30 Sep- 
tember 1908. 

The Designates shall be elected on the same day as the President, 
and their term of office shall expire on 30 September 1906. 

Art. 141. Any citizen Avho has taken an active part in securing the 
independence of the Republic nuiy, even if not a Panaman by birth, 
be elected the first constitutional President of the Republic of Pan- 
ama. 

Akt. 142. As soon as this Constitution is sanctioned by the board of 
provisional government of the Republic, the Convention shall lose 
its character as such and assume all the functions attributed to the 
National Assembly, the prohibition contained in Article 64 not ap- 
plying to the delegates to the Convention. 

Art. 143. Before the date on which the first National Assembly is 
to meet, the Constitutional National Convention shall again exercise 
the legislative functions, whenever it may be called in extraordinary 
session by the executive power. 

Art. 144. The first National Assembly shall meet on 1 September 
1906. 

Art. 145. All the acts of the board of provisional government from 
3 November 1903 to 15 January of the present j^ear are hereby ex- 
pressly ratified. 

Art. 146, Existing monopolies and other privileges shall continue 
until the expiration of the respective lawful contracts, unless it is 
found possible to reach some equitable agreements with the posses- 
sors thereof for their immediate termination. 

Art. 147. All laws, decrees, regulations, orders and other provi- 
sions which may be in force at the time this Constitution is promul- 
gated shall continue to be observed, in so far as they are not contrary 
to it or to the laws of the Republic of Panama. 

Art. 148. This Constitution shall take effect, as far as the supreme 
branches of the government are concerned, from the day on which it 
is sanctioned: and as far as the Republic is concerned, fifteen days 
after its publication in the Gaeeta Ofcial. 

LEGISLATIVE ACT OF 14 MARCH 1917 AMENDING THE CONSTI- 

TUTION.i 

Article 1. There shall be no death penalty in Panama. 
/Art. 2. The National Assembly shall elect by the absolute majority 
of the votes of the total number of its members the Attorney-General 
of the nation and two substitutes who shall replace the former when 

* Translated by Antonio M. Opisso from the official Spanish text. 



478 CONSTITUTIOI^fS OF THE STATES AT WAE. 

permanently or temporarily absent. These officials shall be elected 
for a period of five years. 

Section. In the event of absence for any reason of the sitting 
and substitute Attorney-Generals, the executive power majr, during 
the recess of the National Assembly, fill such vacancy until the As- 
sembl}'' shall meet either in ordinary or extraordinary session and 
proceed to a new election. 

Aet. 3. Any person may engage in any honest trade or occupation 
for which he may be fitted. The law and the authorities shall regu- 
late or inspect the professions and industries as to everything per- 
taining to the individual aptitude and morality and public safety 
and health. 

Art. -i:. At the end of Article 49 the following clavise shall be 
added: 

The election of the President and Vice-President of the Republic shall always 
be made by the direct vote of the citizens. 

Art. 5. Governors of provinces and mayors of the districts shall 
be elected by popular direct vote and for a period of four years. 
The first election for these offices shall be made in 1920. 

Art. 6. The National Assembly is hereby forbidden : 

1. To charge to the public treasury any indemnity which has not 
been previously declared by the judicial power, or to approve any 
items for payment of pensions or retirements which have not been 
previously granted in accordance with the pre-existing general laws. 

2. To decree the banishment or prosecution of persons or cor- 
porations. 

3. To pass resolutions in praise of official acts. 

Art. 7. The term of office of the President of the Republic shall be 
four years. Children of Panaman father or mother born abroad 
may be elected President or Vice-President of the Republic, provided 
they have chosen Panaman nationality and have resided in the 
country for over 20 years. 

Panaman citizens born in Colombia who took part in the move- 
ment of separation of Panama and who were members of the pro- 
visional government of the Republic may also be elected President 
or Vice-President of the Republic. 

Art, 8. Clause 17 of Article 73 of the Constitution shall be thus 
amended : 

17. To appoint, according to the conditions required by the Constitution and 
the laws, the magistrates of the Supreme Court of Justice for a period of five 
years, renewing one every year, and the public prosecutors for a period of four 
years. 

Transitory paragraph. The magistrates first appointed in accordance with 
the foregoing provision shall hold office for the following periods : The first 
shall hold office 1 year ; the second, 2 years ; the third, 3 years ; the fourth, 4 
years ; and the fifth, 5 years of the ordinarj^ constitutional period. 



PANAMA, 479 

This provision shall go into force in 1920. 

Art. 9. When a temporary or absolute vacancy of the office of the 
President of the Republic shall occur, the executive power shall be 
exercised by a magistrate who shall be known as the Vice-President 
of the Republic and Avho shall be elected on the same day and in tl&e 
same manner and for the same period as the President. 

Sect. 1. Only'death, resignation or dismissal of the President shall 
cause absolute vacancy. 

Sect. 2. When the Vice-President should substitute the President 
during the latter's temporary absence, he shall use the title of Vice- 
President of the Republic in charge of the executive poAver ; when he 
should fill the office b}^ reason of absolute vacancy, he shall assume 
the title of President of the Republic. 

Sect. 3. Whenever in this Constitution^ or in the laws reference 
is made to the Designates for the executive power, it shall be under- 
stood that the magistrate to whom said provisions are applicable is 
the Vice-President. 

Sect. 4. Whenever an absolute vacancy of the office of President 
or Vice-President occurs, the secretary of State elected by a majority 
of votes at a cabinet meeting shall take charge provisionally while 
the Assembly convenes in extraordinary session for the sole purpose 
of appointing the President and the Vice-President of the Republic 
for the remainder of the running period. 

Art. 10. A citizen who has been elected President of the Republic 
can not be reelected for the term immediately following. Neither 
can a citizen, who, having been called to fill the office of President 
by reason of absolute vacancy of the titular President, has held such 
office for any length of time, be elected President of the Republic 
for the term immediately following. 

Art. 11. A citizen who has been called to fill the Presidency of the 
Republic by reason of accidental or temporary absence of the titular 
President and who should have exercised such office within the six 
months preceding the day of the election for the new President, can 
not be elected to that office for the term immediately following. 
^-■^ Section. The prohibitions established in regard to the election of 
President of the Republic shall be made extensive to those persons 
related to the ineligible citizen within the fourth degree of consan- 
guinity and the second degree of affinity. 

Art, 12. The following clause shall be added to Article 110 of 
the Constitution: 

Municipal deputies shall be elected by the executive power out of lists of 
three presented by the respective municipal councils. When one of the list of 
three has been elected, the other two shall be held as substitutes in the order 
established by the executive power. 

1 See Articles 79 and following. 



480 CONSTITUTIOISrS OF THE STATES AT WAR. 

Art. 13, Article 120 shall read as follows : 

The executive power can not vote an extraordinary allowance, except in the 
following cases : 

1. Whenever any public calamity occurs. 

2. Whenever there is need to attend to some obligations which affect 
national honor or unavoidable expenses for international courtesy. 

3. In case of disturbance of public order. 

These allowances shall be granted by the Cabinet under the joint responsi- 
bility of the President and his secretaries of State, and the reasons for this 
action shall be recorded in each case and submitted to the National Assembly 
at its ordinary sessions. 

Art. 14. The public military or police force is not a deliberative 
organization. Its members can not take part in electoral matters 
nor vote. They shall not assenible, unless by order of the proper au- 
thority, and shall not make petitions, except upon subjects relating 
to the good service and the morality of the army or of the police, and 
in accordance with the laws of their establishment. 

Art. 15 {transitory) . The deputies elected in 1918 shall remain in 
office for six years. The following elections shall take place in 1924, 
and shall continue thereafter to be held every four years, the same 
days as the elections for President. 

Art. 16. Article 139 of the National Constitution is hereby abro- 
gated; Articles 68, 79, 82, 83, 112, 120 and 125 and Clause 4 of Ar- 
ticle 67 are subrogated, and Articles 70 and 91 thereof are modified. 



PERSIA. 

The form of oovernment in Persia up to the year lOOG Avas, in its 
most important features, simihxr to that of Turkey. Tlie Shall, 
within the limitations imposed by the Mohammedan religfion, was an 
absohite ruler, generally regarded by the people as the vice-gerent 
of the Prophet. As a rasult of the troubles provoked by the unpopu- 
hirity of the grand vizier (Ain-ed-Douleh), the Shah (Mozaffer-ed 
Din) published a rescript ^ under date of 5 August 1006 (14 Jornada 
II 1324) announcing that " a National Council (Mejlis) would be 
elected from among the princes, savants, Kajars, nobles, proprietors, 
business men and workmen," to deliberate upon necessary reforms. 
An Electoral Law was published on 9 September (20 Rajab)- and 
elections were held in the beginning of October. On T October the 
Shah opened in person the First Mejlis. Its leaders rapidly drew up 
a Constitution, which the Shah signed on 30 December (14 Dul- 
kaada), a few days before his death. His son, Mohammed Ali, suc- 
ceeded him (8 January 1907). Although the new Shah was opposed 
to representative government and vigorously opposed all efforts of 
the constitutionalist party, the latter won over the leaders of the con- 
servatives, and, as a result, the Shah accepted, on 7 October 1907 
(29 Shaaban 1325), the Supplementary Constitutional Law. 

The First Mejlis was forcibly dissolved, with bloodshed, by the 
notorious Colonel Liakhoff, the Russian commander of the Shah's 
Cossack brigade, in the cmip d^etat of 23 June 1908, and a rescript 
was issued on 22 NoA^ember which abolished the Constitution. Civil 
war became so intense that Russia determined to employ military 
intervention. The profound impression produced in Persia by the 
fall of the Sultan Abdul Hamid II at Constantinople caused the 
Shah to sign a rescript reestablishing the old Constitution " without 
any alteration " and opening the parliament, but, before a new 
electoral law could be drafted, constitutionalist troops occupied Te- 
heran (13 July 1909). Three days later an extraordinary assembly 
of representatives of the Persian people deposed the Shah Mo- 
hammed Ali, and, in conformity with the Constitution, proclaimed 

1 English translation of the Shah's firman Is given in British and Foreign State Papers, 
101: p. 526; B. G. Browne, The Persian Kerolution of 1005-1909 (Cambridge, 1910^, pp. 
;}53-354 ; and E. G. Browne, A Brief Narrative of Recent Events in Persia (London, 
1909), pp. 6.5-66. 

2 English translation in Browne, The Persian Revolution, pp. 355-361, and A Brief 
Narrative, pp. 67-74 ; French translation in the Annuaire de Ugislation itrangere, 36 
(1906) : pp. 754-757. 

481 



482 CONSTITUTIONS OF THE STATES AT WAR. 

his minor son, Ahmed Mirza, Shah under a regency, which was ter- 
minated on 21 July 1914, when the young Shah was declared to 
be of afi'e.^ 



CONSTITUTION OF 30 DECEMBER 1906.^ 

[Preamble.] 

In the name of God the All Merciful ! 

Whereas by Our Firman of 5 August 1906,^ We commanded the 
institution of a National Assembly for the progress and welfare of 
the State and nation, the strengthening of the foundations of the 
kingdom and the carrying out of the laws of His Holiness the 
Prophet; and whereas, in accordance with the clause by which it is 
provided that, as each individual member of the State has a right 
to take part in the superintendence and decision of public aifairs, 
We therefore have permitted the election and appointment of deputies 
on behalf of the nation; and whereas the National Assembly has 
been opened through Our gracious benevolence, We have decreed 
the following articles of constitutional regulations for the National 
Assembly, including the duties and functions of the Assembly and 
its limitations and relations towards government departments. 

The Institution oe the Assembly. 

Article 1. The National Assembly has been instituted in accord- 
ance with the Imperial Firman of 5 August 1906. 

Art. 2. The National Assembly is the representative of the whole 
Persian nation, which shares in political and domestic affairs. 

Art. 3. The National Assembly shall be composed of members 
elected at Teheran and in the provinces, and the place of their meet- 
ing shall be at Teheran. 

Art. 4. The number of deputies for Teheran and the provinces 
is at present, in acordance with an Electoral Law separately pro- 
mulgated, 162 persons, but if necessary may be increased to 200. 

Art. 5. The deputies shall be elected for two whole years. This 
period shall begin from the day on which all the provincial deputies 

1 These introductory paragraphs are based upon E. G. Browne, The Persian Constitu- 
tional Movement (London, 1918) ; F. R. Dareste et P. DarestEj Les Constitutions 
modernes (Paris, 1910), vol. ii^ pp. 684-685; and the two works by Browne mentioned 
in note 1, p. 481. Cf. also The Statesman's Year-hook (1916, 1917 and 1918). 

^ Translation based upon the English translations in the British Parliamentary Paper 
Persia. No. 1 (1909) (London, 1909) [Cd. 4581] ; British and Foreign State Papers, 101: 
pp. 527-534; E. G. Browne, The Persian Revolution of 1305-1909 (Cambridge, 1910), 
pp. 362-371 ; and E. G. Browne, A Brief Narrative of Recent Events in Persia (London, 
1909), pp. 75-86. 

^ See above, p. 481, note 1. 



PERSIA. 483 

assemble at Tehei'an. After the lapse of two years deputies must 
be again elected, but the people are at liberty to reelect members if 
the}^ are pleased with them. 

Art. 6. The Teheran deputies shall haA'e the option of instituting 
the Assembly and startino- discussion and debates. Their decisions 
by majority during the absence of the provincial deputies will be 
valid, and are to be carried out. 

Art. 7. When debates are started, at least two thirds of the mem- 
bers nnist be present, and when questions are put to the vote, three 
quai'tei'S of the members present give their votes. A majority shall 
be obtained only when more than half of those present in the As- 
sembly record their votes. 

Art. 8. The time of recess and of sitting of the National Assembly 
shall be fixed by the Assembly itself, according to the internal regu- 
lations. After the summer recess, the Assembly must again sit and 
begin its labors on 8 October, which is the date of the celebration of 
the opening of the First Assembly. 

Art. 9. The National Assembly maj- convene extraordinary sit- 
tings during the recess. 

Art. 10. When the Assembly opens, an address must be submitted 
to His Imperial Majesty, and it shall afterwards have the honor of 
receiving an answer from that royal and august quarter. 

Art. 11. As soon as members of the National Assembly join, they 
must take and subscribe to the following oath: 

Form of the Oath. 

We who have signed below invite God to be our witness, and we take oath 
by the Koran that, so long as the rights of the Assembly and the members of 
the Assembly are protected and carried out in accordance with these regula- 
tions, we will carry out the duties entrusted to us, as well as possible, with 
the greatest sincerity and straightforwardness, and to our best ability, and we 
will be true and truthful to our just Sovereign, and will not be traitors to the 
foundations of sovereignty or the rights of the nation, and we will have no 
other object but the advantage and the interests of the government and nation 
of Persia. 

Art. 12. No person on any pretext whatever, shall have the right 
to proceed against any member of the Assembly, without the knowl- 
edge and approval of the National Assembly. Should by chance one 
of the members be guilty of a public offense or crime, and should he 
be arrested in flagrante delicto, the carrying out of punishment must 
be with the knowledge of the Assembly. 

Art. 13. In order that the result of the discussions of the National 
Assembly should be carried out, their proceedings must be public. 
Newspaper reporters and the public have the right to be present 
and to listen, in accordance with the internal regulations, but without 



484 CONSTITUTIONS OF THE STATES AT WAR 

the right of speaking. Newspapers may print all the debates of the 
Assembly without altering their meaning, so that the public should 
be aware of all their proceedings. Everyone, subject to his paying 
due regard to the public good, may discuss them in the public press, 
so that no matter should be hidden from anyone. Therefore, ■ all 
newspapers, so long as their publications are not contrary to any of 
the articles of the Constitution of the nation or State, are empow- 
ered to print matters of public utility, such as the debates of the 
Assembly and the observations of the people on those debates. 
Should any one publish an untrue report of the debates with personal 
motives, or make a libel, he will render himself liable to an inquiry, 
proceedings and punishment, according to law. 

Art. 14. The National Assembly, in accordance with separate 
regulations entitled the internal regulations/ shall regulate its own 
personal affairs, such as the election of a president, a vice-preicle it, 
secretaries, and other officers, as well as the debates, etc. 

The Duties or the Assembly and Its Limitations and Rights. 

Art, 15. The National Assembly has the right to discuss truth- 
fully and sincerely all matters it considers to be desirable in the 
interests of the State and nation to^ investigate ; and, subject to the 
approval of a majority, to submit them in the enjoyment of the ut- 
most safety and confidence, with the approval of the Senate, to His 
Imperial Majesty the Shah,- through the Prime Minister of the State, 
for His Majesty's signature, and to be then put into execution. 

Art. 16. In general, all laws necessary for the strengthening of 
the government and kingdom, and the regulation of State affairs, 
and for the establishment of ministries, must receive the sanction of 
the National Assembly. 

Art. it. The necessary bills for making new laws, or for the altera- 
tion, amplification, or cancellation of existing laws, shall, when de- 
sirable, be prepared by the National Assembly to be submitted to 
His Imperial Majesty the Shah for signature with the approval of the 
Senate, and to be then put into execution. 

Art. 18. The regulation of financial matters, the modification of 
the budget, the alteration of the arrangement of taxation, the re- 
fusal or acceptance of impositions, as well as the inspections which 
will be undertaken by the government, shall be done with the ap- 
proval of the Assembly. 

Art. 19. The Assembly will have the right for the purpose of re- 
forming financial matters and facilitating the relations of the gov- 
ernors and the apportioning of the provinces of Persia, and the re- 
appointment of governors, after the Senate has given its approval, to 



PERSIA. 485 

deniaiul from the ooveniinoiit authorities that the decision arrived 
at should be carried out. 

Art. 20. The budget of each ministry must be finished for the suc- 
ceeding year in the hist half of each year, and must be ready fifteen 
days before the Festival of the Nawruz.^ 

Art. 21. Should it be necessary with regard to the constitutional 
laws of the ministries to make a new law. or to alter or cancel exist- 
ing laws, it will be done with the consent of the National Assembly, 
whether its necessity be first pointed out by the Assembly or by the 
responsible minister. 

Art. 22. Whenever a part of the revenue or property of the gov- 
ernment or State is to be sold, or a change of frontier or border be- 
comes necessary, it will be done with the approval of the National 
Assembly. 

Art. 23. AVithout the approval of the National Assembly no con- 
cession whatever for the formation of companies or associations shall 
be granted by the government. 

Art. 24. Treaties, conventions, the granting of concessions, monop- 
olies, either commercial, industrial, or agricultural, whether the other 
party be a native or a foreigner, can only be done with the approval 
of the National Assembly. Treaties which it may be in the interests 
of the government or nation to keep secret are excepted. 

Art. 25. All government loans of any nature whatsoevei", whether 
internal or foreign, will be made with the knowledge and approval of 
the National Assembly. 

Art. 26. The construction of railways or roads, whether the cost 
be defrayed by the government, by associations or companies, whether 
native or foreign, can only be undertaken with the approval of the 
National Assembly. 

Art. 27. Should the Assembly find in any place a fault in the laws 
or an irregularity in their fulfilment, it will draw the attention of 
the responsible minister to the same, and he will have to give the 
necessary explanations. 

Art. 28. Should a minister, in contravention of one of the laws 
which have received the imperial sanction, by misrepresentations ob- 
tain the issue of a written or verbal order from His Imperial Majesty 
the Shah, and excuse himself thereby for his delay and negligence, he 
will by law be responsible to His Imperial Majesty the Shah. 

Art. 29. Whichever minister who in a matter or matters should not 
be able to answer for his actions in accordance with the laws ap- 
proved by His Imperial Majesty, and if it should be apparent that he 
has broken the law and transgressed the stipulated limitations, the 

1 The Nawrtiz, or Persian New Year's Day, falls about 21 March in each year. 



486 CONSTITUTIOlSrS OF THE STATES AT WAR. 

Assembly will petition His Imperial Majesty for his dismissal, and 
when his fault has been determined by the courts of justic&^4ie will 
not again be allowed to serve the government. J 

Art. 30. The National Assembly has the right whenever it considers 
it desirable to make petitions direct to His Imperial Majesty by the " 
means of a body composed of the president and six members elected 
by the six classes. The time for the audience must be arranged for 
through the' Minister of Court. 

Art. 31. Ministers have the right to be present at the sessions of 
the National Assembly, and to sit in the place set apart for them, 
and to hear the debates of the Assembly; and should they think it 
necessary, they may ask the president for permission to speak and 
give the necessary explanations for the discussion and investigation 
of affairs. 

The Statement of Aeeairs to the National Assemblt. 

Art. 32. Any individual member of the public may make a state- 
ment of his case, or complaints or criticisms, to the office of the 
Assembly, and, if the matter concerns the Assembly itself, a satisfy- 
ing answer will be given to him; but should the matter concern one 
of the ministries, it will be sent to that ministry for investigation, 
and in order that a satisfying answer be given. 

Art. 33. New laws which are necessary will be prepared at the re- 
sponsible ministries, and will be given to the National Assembly by 
the responsible minister or by the Prime Minister, and after receiv- 
ing the approval of the Assembly will receive His Imperial Majesty's 
sign-manual and be put into execution. 

Art. 34. The president of the Assembly can, if necessary, of his own 
initiative or by the desire of ten members of the Assembly or of a 
minister, form a secret committee, without the presence of newspaper 
reporters or spectators, composed of a number of persons chosen from 
among the members of the Assembly, at which the other members of 
the Assembly will not have the right to attend. The result of the 
deliberations of the secret committee can, however, only be put into 
execution when the secret committee in the presence of three quarters 
of the persons elected accept the point at issue by a majority of votes, 
and if the matter be not passed by the secret committee, it will not be 
stated in the Assembly and will remain secret. 

Art. 35. Should the secret committee be instituted by the president 
of the Assembly, he has the right to inform the public of any part of 
it he thinks fit ; but if the secret committee is instituted by a minister, 
the publication of the debate can only be subject to that minister's 
permission. 



PERSIA. 487 

Art. 36. Any one of the ministers may withdraw at any stage of its 
progress any matter put before the Assembly by him, excepting when 
his statement is called forth by the initiative of the Assembly, in 
which case the withdrawal of the subject must be subject to the agree- 
ment of the Assembly. 

Art. 87. Should the bill of any minister not be passed, it will be 
returned with the observations of the Assembly. The responsible 
minister can, after refusing or accepting the criticisms of the Assem- 
bly, send it to the xVssembly a second time. 

Art. 38. The members of the National Assembly must definitely and 
explicitly either refuse or accept the points at issue, and no one will 
have the right tQ-influence them in giving their decisions. A refusal 
or acceptance on the part of the members of the Assembly must be 
made in such a manner that the newspaper reporters and spectators 
may be able to observe it, that is to say, their decision must be made 
by visible signs, such as blue and white cards, or the like. 

The Statement of Matters on the Part of the Assembly. 

Art. 39. Whenever a case is brought up by a member of the Assem- 
bly, it will only be subject to debate when at least fifteen members of 
the Assembly approve of its discussion, in which case the matter in 
point will be submitted in writing to the president, who has the right 
to give it to the Committee of Investigation. 

Art. 40. At the time of debate and inquiry into a matter, as stated 
above in Article 39. whether by the Assembly or by the Committee of 
Investigation, should the matter have reference to one of the respon- 
sible ministries, the Assembly must notify the responsible minister, 
so that if possible he should attend in person or send his representa- 
tive in order that the discussion should take place in the presence of 
the minister or his representative. A copy of the statement and its 
appendices must be sent from ten days to a month beforehand, with 
the exception of urgent matters, to the responsible minister. The day 
on which the debate will take place must likewise be previously 
determined. After an investigation of the case in the presence of the 
responsible minister, in the event of the Assembly approving by a 
majority of votes, the statement will be formally written and deliv- 
ered to the responsible minister in order that he should take the con- 
sequential steps. 

Art. 41. In case a responsible minister, on grounds of expediency, 
is not in accord with the Assembly in a matter raised by it, he must 
adduce his proofs and convince the Assembly. 

Art. 42. In any case concerning which the National Assembly de- 
sires explanations from a responsible minister, the latter is obliged 



488 CONSTITUTIONS OF THE STATES AT WAR. 

to supply an answer, and this answer must not, without an excuse, 
be dehiyed be3^ond a reasonable time, with the exception of secret mat- 
ters, the secrecy of which for a stipulated period is desirable in the 
interests of the government and nation, but after the expiration of 
the stipulated time the responsible minister is obliged to state the 
circumstances of the case to the Assembly. 

The Conditions or the Institution of the Senate, 

Art. 43. Another assembly, called the Senate, w^ill be constituted, 
composed of sixty members, Avhose sessions will coincide, after its 
constitution, with those of the National Assembly. 

Art. 44. The regulations of the Senate must receive the approval 
of the National Assembly. 

Art. 45. The members of the assembly will be chosen from the 
enlightened, intelligent, orthodox and respectable persons of the 
State, thirty persons on behalf of His Imperial Majesty (fifteen 
from the inhabitants of Teheran and fifteen from the inhabitants of 
the provinces) and thirty persons on behalf of the nation (fifteen 
elected by the people of Teheran and fifteen elected by the people 
of the provinces). 

Art. 46. After the constitution of the Senate all affairs must re- 
ceive the approval of both assemblies. If those affairs are initiated 
by the Senate or by the body of ministers, they must first be deter- 
mined in the Senate and passed by a majority, and then sent to the 
National Assembly for approval; but affairs initiated in the Na- 
tional Assembly will, on the contrary, pass from that Assembly to 
the Senate, with the exception of financial matters, which will be the 
prerogative of the Natioaial Assembly, and the Senate will be in- 
formed of the arrangements made by the Assembly regarding these 
affairs in order that the Senate may make its observations on the 
same to the National Assembly, which is, however, at liberty, after 
the necessary investigations, either to accept or to refuse the pro- 
posals of the Senate. 

Art. 4T. So long as the Senate is not constituted, affairs will re- 
quire only the approval of the National Assembly and the sign- 
manual of His Imperial Majesty to be put into execution. 

Art. 48. Whenever a question initiated by a minister is, after hav- 
ing been passed by the Senate, referred to the National Assembly 
and not accepted, and in the event of the matter being an important 
one, a third assembly, composed of an equal number of members of 
both assemblies elected by each, will be constituted to inquire into 
the subject at issue. The result of the deliberations of this assem- 
bly will be read to the National Assembly. If an understanding is 



PERSIA. 489 

1-eached, so much the better; but, if not, a report of the matter will 
be submitted to His Imperial Majesty the Shah. Should His Im- 
perial Majesty confirm the decision of the National Assembly, it 
\vill be put into execution; but should His Imperial Majest}' not con- 
firm it. His Imperial Majesty will command that the question be 
debated and investigated afresh, and if still a settlement is not ar- 
rived at, and if the Senate b}' a majority of two thirds votes for the 
dissolution of the National Assembly, and if the body of ministers 
sepai-ately recommends the dissolution of the National Assembly, His 
Imperial Majesty the Sliah's re:-cript dissolving the National As- 
sembly will be issued, and His Imperial Majesty will in the same 
rescript command that fresh elections should take place, and the 
people will have the right to elect the former deputies. 

Art. 49. The new Teheran deputies must be ready within one 
month and the provincial deputies Avithin tliroe months, and as soon 
as tlie Teheran deputies are ready the Assembly will open and com- 
mence its labors, but they will not discuss the points at issue until 
the provincial deputies arrive. Bn^ nibers are pres- 

ent and a full majority vote in the same sense as before, His Im- 
perial Majesty will approve the decision of the National Assembly 
and will command that it be put into execution. 

Art. 50. During each term of election — that is to say, during two 
years — a general election will not be called more than once. 

Art. .51. It is decreed that the sovereign who succeeds Us should 
protect these limitations and articles, which aim at the strengthen- 
ing of the State and of the foundations of the kingdom, and the pro- 
tection of justice and contentment of the nation, which We have de- 
creed and put into execution, and which they must look upon as their 
chity to fulfill.^ 

SUPPLEMENTARY CONSTITUTIONAL LAW OF 7 OCTOBER 1907.^ 

[Preamble.] 

In the name of God the Merciful, the Compassionate I 

The following are the articles which, in order to complete the fun- 
damental laws of the Constitution of Persia, have been added to the 
Constitutional Law signed by His Imperial Majesty the late Mo- 
zaffer-ed-Din Shah Kajar on 30 December 1906.^ 

1 Here follow the attestation and signature of Mozaffer-ed-Dln Shah and the seals of 
the then Crown Prince or Valiahd, Mohammed All, and the Gi-and Vizier, Mushir-ed- 
Dowleh. 

- Translation based upon the English translations in the British Parliamentary Paper 
Persia. No. 1 (1909) (London, 1909) [Cd. 4581] ; British and Foreign State Papers, 101; 
pp. 534-542; E. G. Bbowne, The Persian Revolution of 1905-1909 (Cambridge, 1910), pp. 
372-384 ; and E. G. Browne, A Brief Sarrative of Recent Events in Persia (London, 
1909), pp. 87-101. 

3 See above, p. 482. 

88381—19 32 



490 constitutions of the states at war. 

General Pro visions. 

Article 1. The official religion of Persia is the branch of the 
Twelve Imams of the Shiah Sect of Islam.^ The Sovereign of Persia 
must profess and promote this religion. 

Art. 2. The National Assembly has been founded by the help of 
the Twelfth Imam, the bounty of His Islamic Majesty, the watch- 
fulness of the ulema ^ and the common people. The laws passed by it 
must never to all ages be contrary to the sacred precepts of Islam 
and the laws laid down by the Prophet. 

It is obvious that the decision as to whether the laws passed by 
the Assembly are in opposition to the precepts of Islam rests with 
the ulema. It is therefore officially decreed that for all ages a com- 
mittee composed of five persons, who shall be mujtahids and religious 
doctors, and who also must be acquainted with the requirements of 
the times, shall be elected in the following manner. The ulema and 
doctors of Islam who are recognized by the Shias as the centre of 
imitation shall make known to the National Assembly the names of 
twenty of the ulema possessing the above-mentioned qualities. The 
National Assembly shall, by agreement or casting of lots, elect five 
of them or more, according to the requirements of the age, and admit 
them as members. This committee shall discuss and thoroughly 
investigate the bills brought in by the National Assembly, and reject, 
wholly or in part, every one of these bills which is contrary to the 
sacred precepts of Islam, in order that it may not become law. The 
decision of this committee is final. This article will not be liable 
to change until the advent of the Twelfth Imam. 

Art. 3. The boundaries of the Kingdom of Persia, or of its prov 
inces, departments and communes, can not be modified except by law. 

Art. 4. The capital of Persia is Teheran. 

Art. 5. The official colors of the Persian flag are green, white and 
red, with the sign of the lion and the sun. 

Art. 6. The life and property of foreigners resident in Persia are 
secured and guaranteed, except in those cases in which the laws of 
the realm make exceptions. 

Art. 7. The Constitution, in part or in its entirety, is not liable to 
interruption. 

The Rights of the Persian Nation. 

Art. 8. The people of Persia shall enjoy equality of rights before 
the civil law. 

1 Browne's translation seems to give a rendering of religious terms which is more literal, 
but less expedient for the present purposes, and contains some ejaculatory phrases after 
mention of religious personages which it has been thought expedient to omit here. 

2 That is, the doctors of theology, especially the mujtahids. 



PERSIA. 491 

Art. 9. The life, property, domicile and honor of every individual 
is secured and guaranteed from every kind of injury. No one can 
be disturbed except by order of, and in the manner defined by, the 
laws of the land. 

Akt. 10. Except when found m flagrante delicto committing 
crimes, misdemeanors or serious offenses, no one can be immediately 
arrested except by a written order of the president of the Tribunal 
of Justice in accordance with the law. Even then the offense of 
the accused must be made 'known to him at once, or at the latest 
within 24 hours. 

Art. 11. No one can be prevented from appearing before the court 
which should decide his case and be forced to refer the matter to 
another court. 

Art. 12. No punishment shall be decreed or executed except by 
law. 

Art. 13. The dwelling-place and house of every individual is in- 
violable. In no dwelling-place can forcible entry be made, except by 
order of. and in the manner defined by, law. 

Art. 14. No Persian can be exiled or prevented from residing in 
any place, or forced to reside in any place, except in the cases defined 
by law. 

Art. 15. No owner can be deprived of his land except by sanction 
of the Sheri, and then only after the fixing and payment of a just 
price. 

Art. 16. The sequestration of the property or possessions of any 
person as a penal measure is forbidden, except by order of law. 

Art. 17. It is forbidden to deprive owners or possessors of the 
properties or possessions controlled by them on any pretext what- 
ever except by order of law. 

Art. 18. The acquisition and study of arts, letters and sciences is 
fi-ee, except in so far as they are forbidden by the Sheri. 

Art. 19. The foundation of schools at the expense of the State 
and the people, and compulsory education, must be in accordance 
with the Law of the Ministry of Sciences and Arts, and all primary 
and secondary schools must be under the direction and supervision 
of that Ministry. 

Art. 20. All publications, except heretical works containing mat- 
ter harmful to the religion of Islam, are free, and are exempt from 
censureship. Whenever anything contrary to the law of the press is 
found in them, the publisher or author will be punished in accordance 
with that law. If the author is well known and resident in Persia, 
the publisher, printer and distributor shall be secured from any 
action being brought against them. 



492 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 21. Societies and associations which do not provoke religious 
or civil strife are free throughout the reahii ; but their members must 
be unarmed and must obey the regulations which the law on this sub- 
ject shall lay clown. Meetings in the high roads or public squares 
must be held in accordance with the laws of the police. 

Art. 22. Postal communications are inviolable and exempt from 
seizure or opening, except in cases in which the law makes exception. 

Art. 23. The publication or seizure of telegraphic communications 
without the permission of the author of the telegram is forbidden, 
except in cases in which the law makes exception. 

Art. 24. Foreign subjects can acquire Persian nationality. The 
acquisition, preservation or divestment of nationality will be in ac- 
cordance with a separate law. 

Art. 25. Permission is not required to bring action against govern- 
ment officials for offenses connected with their duties, except in the 
case of ministers, in whose case the special lavv^s enacted in this respect 
must be observed. 

The Powders or the Kealm. 

Art. 26. The powers of the realm spring from the people. The 
Constitution defines the method of using those powers. 
Art. 27. The powers of the realm are divided into three parts : 

1. The legislative power, whose province it is to make and amend 
laws. This power emanates from His Imperial Majesty the Shah, 
tlm National Assembly and the Senate. Each one of these three 
sources possesses the right of originating laws; but their passing is 
conditional to their not being contrary to the laws of the Sheri. to 
the approval of the two houses and to their receiving the imperial 
signature. But the making and approval of laws relating to the 
revenue and expenditure of the realm belongs to the National As- 
sembly alone. The explanation and interpretation of laws is the 
peculiar duty of the National Assembly. 

2. The judicial power, which consists in the distinguishing of 
rights. This power belongs to the Sheri tribunr^Is in matters apper- 
taining to the Sheri, and to the courts of justice in matters apper- 
taining to the civil law {iirf) . 

3. The executive power, which rests with the King. That is to 
say, the laws and decrees will be executed by the ministers and offi- 
cials in the name of His Imperial Majest}^ in the manner defined by 
law. 

Art. 28. The three above-mentioned powers shall alw^ays be differ- 
entiated and separated from one another. 

Art. 29. The particular interests of each province, department and 
commune shall be regulated by the provincial and departmental 
councils in accordance with their own particular laws. 



PERSIA. 493 

The Rights or the Members or the Assembly. 

Art. 30. The members of the National Assembly and the Senate 
represent the whole nation, not only the particular classes, provinces, 
departments, or communes which have elected them. 

Art. 31. One person can not at the same time be a meml)er of both 
houses. 

Art. 32. As soon as a member becomes a salaried government serv- 
ant, he ceases to be a member. He can only become a member again 
after resignation of his government post and his reelection by the 
people. 

Art. 33. Each of the two houses has the right to inquire into and 
investigate all the affairs of the kingdom. 

Art. 34. The discussions of the Senate while the National Assem- 
bly is not sitting can have no effect. 

The Eights or the Persian Crown. 

Art. 35. The sovereignty is a trust which, by the grace of God, has 
been conferred on the person of the King by the people. 

Art, 36. The constitutional monarchy of Persia is vested in the 
person of Plis Imperial Majesty Mohammed Ali Shah Kajar and his 
descendants from generation to generation. 

Art. 37. The Valiahd,^ in the event of there being more than one 
child, shall be the eldest son of the King whose mother is a Persian 
by birth and a Princess. If the King has no male issue, the eldest 
male of his family who is next of kin shall become Valiahd. If, in 
this case, a male child is afterwards born to the King, the succession 
shall de jure revert to him. 

Art. 38. In the event of the death of the King, the Valiahd can only 
govern in person when he has reached the age of 18. If he has not 
attained that age, a Joint Committee of the National Assembly and 
the Senate shall elect a Regent to act for him until he reaches the age 
of 18. 

"^ Art. 39. No King can ascend the throne unless, before his corona- 
tion, he appear before the National Assembly, and in the presence of 
the members of the National Assembly and the Senate and the Cabi- 
net of Ministers swear the following oath : 

I take the Lord Most High to witness, and I sweai- by the Holy Word of God 
and by all that is sacred before God. that I will devote all my energy to preserv- 
ing the independence of Persia, guarding and protecting the limits of the realm 
and the rights of the people, be the guardian of the fundamental law of the Con- 
stitution of Persia, rule in accordance with it and the laws which have been 
decreed, strive zealously to propagate the sect of the Twelve Imams of the Shla 
religion, and will consider God Almighty a witness to my every act and deed. 

1 1, e., the crown prince or heir apparent. 



494 coisrsTiTUTioNs or the states at wak. 

I pray for the grace of God, from Whom alone aid is derived, and I ask help in 
my task of the pure souls of the saints of Islam to render service to the advance- 
ment of Persia. 

Art. 40. In like manner the person who has been elected to the re- 
gency can not take charge of affairs unless he has SAvorn the above 
oath. 

Art, 41. On the event of the death of the King, the National 
Assembly and the Senate must be convened. The summoning of the 
two houses can not be delayed for more than ten days after the 
death of the King. 

Art. 42. If the mandate of the members of both or one of the 
houses has come to an end in the life of the King, and at the time of 
his death the new members have not yet been elected, the former 
members must meet and hold session. 

Art, 43. The King can not, without the approval and sanction of 
the ISTational Assembly and the Senate, interfere in the affairs of 
another country. 

Art. 44, The King is absolved from all responsibility. The min- 
isters of State are responsible to both houses in all matters. 

Art, 45. All the decrees and rescripts of the King relating to affairs 
of State shall only be put into execution when they have been signed 
by the responsible minister, who is responsible for the accuracy of 
the contents of that decree. or rescript. 

Art. 46. The dismissal and appointment of ministers are by order 
of the King. 

Art. 47, The conferring of military grades, decorations and hon- 
orary distinctions, with due observance of law, is vested in the 
person of the King. 

Art. 48. The King has the right, with the approval of the responsi- 
ble minister, to choose the important officials of the government de- 
partments, either at home or abroad, except in cases excepted by law. 
But the appointment of the other officials does not lie with the King, 
except in cases defined by law. 

Art. 49. The issuing of decrees and orders for the execution of 
laws is one of the rights of the King, but he may not delay or sus- 
pend the execution of those laws. 

Art, 50. The supreme command of all the military and naval 
forces is vested in the person of the King. 

Art. 51. The declaration of war and the conclusion of peace are 
vested in the King. 

Art. 52. Treaties which, in accordance with Article 24 of the Con- 
stitution of 30 December 1906, must be kept secret, must, on the re- 
moval of this necessity, and provided that the interests and security 
of the country demand it, be communicated by the King to the Na- 
tional Assembly and the Senate, with the necessary explanations. 



PERSIA. 495 

Art. 53. The secret clauses of any treaty can not annul the public 
clauses of that treaty. 

Art. 54. The King can convoke the National Assembly and the 
Senate in an extraordinary session. 

Art. 55. Coins shall be struck, according to law, in the name of 
the King. 

Art. 56. The expenses and disbursements of the imperial house- 
liold shall be defined by law. 

Art. 57. The powers and prerogatives of the King are only such 
as have been defined by the present Constitution. 

The Ministers. 

Art. 58. Xo one can become a minister unless he be a Mussulman, 
a Persian by birth and a Persian subject. 

Art, 59. Princes of the first rank, that is to say, the sons, brothers 
iind paternal uncles of the reigning King, are not eligible as min- 
isters. 

Art. 60. Ministers are responsible to both houses and must appear 
whenever they are summoned by either of the two houses. In the 
affairs entrusted to them they must observe the limitations of their 
responsibility. 

Art, 61. Ministers, besides being individually responsible for the 
particular affairs of their own ministry, are in matters of general 
policy jointly responsible to the two houses and are guarantors of 
each other's actions. 

Art. 62. The number of ministers will be fixed by law, as required. 

Art, 63. The title of " Honorary Minister " is entirely abolished. 

Art. 64. Ministers can not make the verbal or written commands of 
the King a pretext for divesting themselves of their responsibility. 

Art. 65. The National Assembly or the Senate can accuse and put 
ministers on trial. 

Art. 66. The responsibility of ministers and the punishments to 
"which they are liable will be defined by law. 

Art. 67. If the National Assembly or the Senate shall, by an abso- 
lute majority, express dissatisfaction with the Cabinet of Ministers or 
with a single minister, that Cabinet or that minister must be dismissed. 

Art. 68. Ministers can not undertake any salaried employment 
other than their own. 

Art. 69. The National Assembl}'^ or the Senate shall prosecute 
ministers for their offenses before the High Court of Appeal. The 
above-mentioned court shall try the case in plenary session of all the 
members of its ordinary tribunal, except when the accusations or 
claims are not legally connected with the government departments en- 
trusted to the minister but concern him personally. 



496 CONSTITUTIONS OF THE STATES AT WAR. 

Note. — Until the Court of Appeal has been constituted, a Commis- 
sion, chosen in equal numbers from the members of the two houses, 
shall act instead of the Court of Appeal. 

Art. to. The decision as to the offense and the punishment of 
ministers when accused by the National Assembly or the Senate, or 
when, in the affairs of their departments, accusations concerning them 
personally are made against them, will be in accordance with a special 
law. 

The Powers of the Tribunals. 

Art 71. The Supreme Court of Justice and the judicial tribunals 
are the official centers to which all suits must be referred, and judg- 
ment in matters appertaining to the Sheri rests with the fully quali- 
fied muj tabids. 

Art. T2. Suits relating to political rights concern the judicial 
tribunals, save those which are excepted by law. 

Art. 73. The choice of judicial tribunals in cases appertaining to 
the civil law is decided by law, and no person may, on whatsoever 
plea, institute a tribunal contrary to the decrees of law. 

Art. 74. No tribunal can be instituted except by law. 

Art. 75. In the whole Kingdom only one Court of Appeal for 
cases relating to the civil law will be instituted, and that will be in 
the capital. This High Court of Appeal will not try any case of the 
first instance, except in cases relating to ministers. 

Art. 76. The sittings of all tribunals shall be public, save in cases 
where such publicity would be prejudicial to order or decency, in 
which case the necessity will be announced by the tribunal. 

Art. 77. In cases of political and press offenses, should it be de- 
sirable that the trial be secret, it must only be by the unanimous con- 
sent of all the members of the tribunal. 

Art. 78. The judgments delivered by the tribunals must cite the 
articles of the laws by which the judgments are governed, and these 
must be read publicly. 

Art. 79. In cases of political and press offenses, the whole bod^ 
of the judges shall be present. 

Art. 80. The presidents and the members of judicial tribunals 
shall be chosen in the manner decreed by the Law of the Ministry of 
Justice, and shall be appointed by virtue of a royal decree. 

Art. 81. No judge of a judicial tribunal may be suspended, either 
temporarily or permanently, without a trial or proof of offense, 
unless he himself resigns. 

Art. 82. No judge of a judicial tribunal can be transferred from 
his post except by his own consent. 

Art. 83. The choice of the public prosecutor, with the approval of 
the Chief Sheri Judge, rests with the King. 



PERSIA. 497 

Art. 84. The salaries of the staff of judicial tribunals shall be fixed 
by law. 

Art. 85. The presidents of judicial tribunals may not accept sal- 
aried government posts, but may only render such services gratis, 
should they not be contrary to law. 

Art. 86. In every provincial capital a court of appeal for judicial 
cases shall bo instituted in the manner defined by the regulations of 
the Ministry of Justice. 

Art. 87. Military tribunals shall be instituted in the whole country 
according to a special law. 

Art. 88. The judgment of disputes relating to the limitations of 
government of departments and offices shall, in accordance with the 
decrees of law, be referred to the High Court of Appeal. 

Art. 89. The Supreme Court of Justice and other tribunals will 
only put into execution decrees, general regulations and regulations 
of provincial and municipal councils, when they are in accordance 
with the law. 

, Provincial and Departmental Assemblies. 

Art. 90. Provincial and departmental assemblies shall be estab- 
lished in all the provinces of the kingdom in accordance with special 
regulations, and the fundamental laws of these assemblies shall be 
as follows. 

Art. 91. The members of the provincial and departmental assem- 
blies shall be elected directly by the people in accordance with the 
regulations governing provincial and departmental assemblies. 

Art. 92. The provincial and departmental assemblies have the 
power of complete supervision in matters concerning the public weal, 
with due observance of the laws which have been decreed. 

Art. 93. A statement of every kind of revenue and expenditure of 
the provinces and departments shall be printed and published by the 
provincial and departmental assemblies. 

Finances. 

Art. 94. No taxes may be levied except by law. 

Art. 95. All exemptions from taxation shall be decreed by law. 

Art. 96. The budget shall be approved and defined every year by 
a vote of the majority of the members of the National Assembly. 

Art. 97. There shall be no differentiation or favor among indi- 
viduals regarding taxation. 

Art. 98. Rebates and exemption from taxation shall be defined by 
a special law. 



498 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 99. Except in cases specially defined by law, nothing shall be 
demanded from the people on any pretext whatever, except in the 
name of State, provincial or municipal taxes. 

Art. 100. No salaries or gratuities will be paid out of the govern- 
ment treasury except those which are decreed by law. 

Art. 101. The members of the State Accounts Department shall 
be chosen by the National Assembly for a period to be decreed by law. 

Art. 102. The State Accounts Department is charged to inspect 
and analyze the accounts of the Department of Finance and to eluci- 
date the accounts of the Treasury Accountants in general, and espe- 
cially to see that no item of expenditure allowed for the budget ex- 
ceed the estimate and that there be no alteration or change, and that 
every sum has been expended in the manner designated. It is also 
charged with the verification and analysis of the different accounts 
of the government departments in general, and shall collect the 
vouchers of expenditure. A statement of the general accounts of 
the Kingdom must be supplied by it to the National Assembly, ac- 
companied by observations. 

Art. 103. The institution and organization for this State Depart- 
ment shall be in accordance with the law. 

Army. 

Art. 104. The enrolling of troops shall be fixed by law. The 
duties and rights of the army, as well as promotion, shall be in ac- 
cordance with law. 

Art. 105. The military expenditure shall be approved by the Na- 
tional Assembly every year. 

Art. 106. No foreign troops shall be allowed to serve the govern- 
ment, and they shall not be allowed either to reside in any part of 
the country or to pass through or into the country except in ac- 
cordance with law. 

Art. 107. The pay or rank or decoration of soldiers or officers 
may not be withdrawn except in accordance with law.^ 

1 Here follow the attestation and signature of the Shah. 



PORTUGAL. 

The modern constitutional era in Portugal did not begin until 
1820, when a revolutionary movement was inaugurated which finally 
forced the passage of the Constitutional Charter of 29 April 1826. 
Civil wars followed and the reestablishment of this Constitution 
became ephemeral, although many changes were necessary with each 
reestablishment, in order to make the Charter more in keeping with 
the democratic spirit prevailing. In this way the following consti- 
tutional documents ^ were accumulated : 

1. The Constitutional Charter of 29 April 1826. 

2. The Additional Act of 5 July 1852. 

3. The Organic Law of 3 May 1878 on the House of Peers. 

4. The Constitutional Law of 24 July 1885. 

5. The Law of 3 April 1896. 

These laws remained in force for many years, although dictator- 
ships were established at frequent intervals. The institution of a 
republican form of government brought about the present Constitu- 
tion which dates from 20 August 1911.^ 



CONSTITTTTION OF 21 AUGUST 1911.3 

Title L— The Form or Government and the Territory or the 

Portuguese Nation. 

Article 1. The Portuguese nation, constituted as a unitary State, 
adopts the Eepublic as the form of government, in the terms of this 
Constitution. 

Art. 2. The territory of the Portuguese nation is that existing at 
the date of the proclamation of the Republic. 

§. The nation does not renounce the rights which it has or may 
hereafter acquire to any other territory. 

^ French translation of these documents in F. R. Dareste et P. Dareste, Les Constitu- 
tions modernes (3d edition, Paris. 1910), vol. i, pp. 714-752. German translation of 
the first three documents in Paul Posbnee, Die Staatsverfassiingen des Erdballs (Char- 
lottenburg, 1909), pp. 761—782. English translation of the third and fourth document 
in the British and Foreign State Papers, 76 : pp. 219-222 and 587-590, respectively. 

^ These introductory paragraphs are based upon Dareste, op. cit., pp. 712-714. 

8 Translation reprinted from the British and Foreign State Papers, 105: pp. 766-781. 

499 



500 COlsTSTITUTIOlSrS OF THE STATES AT WAR. 

Title II. — Individual Rights and Guarantees. 

Art. 3. The Constitution guarantees to Portuguese and foreigners 
resident in the country the inviolability of their rights v^ith regard to 
liberty, personal security and property, in the f ollov^ing terms : 

1. No one can be forced to do anything, or to desist from doing 
anything, except by virtue of a law. 

2. The law is equal for all, but only that which has been promul- 
gated in the terms of this Constitution is binding. 

3. The Portuguese Republic does not admit privileges of birth 
or prerogatives of nobility, and abolishes all titles of nobility and of 
councilorship, as also all orders of merit and all their rights and 
privileges. Civil deeds and military acts may be rewarded by special 
diplomas. 

No Portuguese citizen may accept a foreign decoration. 

4. Liberty of conscience and of creed is inviolable. 

5. The State recognizes the political and civil equality of all 
creeds, and guarantees their exercise within the limits compatible 
with public order, the laws and good customs, so long as they do not 
infringe the principles of Portuguese public right. 

6. No one can be persecuted on religious grounds, nor ques- 
tioned by any authority with regard to the religion professed. 

7. No one can, on the ground of religious opinions, be" deprived 
of any right or be exempted from the performance of a civic duty. 

8. The public observance of any religion is free in the buildings 
chosen or destined for the purpose by the followers of that religion, 
and the buildings can always have the exterior form of a church ; but, 
in the interests of public order and of the liberty and safety of 
citizens, a special law shall lay down the conditions of its observance. 

9. Public cemeteries shall have a secular character, the exer- 
cise of the respective rites being free to all religions as regards their 
followers, so long as they do not offend public morals, the principles 
of Portuguese public right and the law. 

10. Teaching in public and private establishments under govern- 
ment control shall be neutral as regards religion. 

11. Primary elementary education shall be obligatory and gra- 
tuitous. 

12. The legislation in force which abolished and dissolved in 
Portugal the Society of Jesus, the societies therein affiliated, of what- 
ever denomination, and all religious congregations and monastic orders 
is maintained, and they shall never be admitted in Portuguese ter- 
ritory. 

13. The expression of thought in any form whatever is com- 
pletely free, and not dependent upon the previous giving of security, 
submission to censure or the obtaining of previous authorization, 



PORTUGAL. 501 

but the abuse of this privilege is punishable in the cases and in the 
manner prescribed by law. 

14. The right of meeting and association is free to all. Special 
laws shall determine the form and conditions of this right. 

15. Inviolability of domicile is guaranteed; the house of a citi- 
zen may be entered at night without his consent only when a demand 
therefor is made from within or in order to render assistance to vic- 
tims of crimes or accidents ; and during the day only in the cases and 
in the manner prescribed by law. 

16. No one can be arrested unless on a specific charge, except in 
■flagrante delicto and in the following cases : 

Forgery of coins or of national bank-notes and bonds of the Por- 
tuguese public debt, deliberate homicide when qualified as a crime, 
burglary, robbery, fraudulent bankruptcy and arson. 

17. No one shall be committed to prison or be therein detained if 
already imprisoned, who offers proper surety or declaration of resi- 
dence in the cases in which the law admits it. 

18. Except in the cases of -flagrante delicto^ no arrest can be ef- 
fected without a written warrant from the competent authority and 
in conformity with the express provisions of the law. 

19. No one shall be committed to prison for inability to pay costs 
and stamps. 

20. The preliminary investigation in criminal proceedings shall 
be open to contestation, thus ensuring the accused, before and after 
the drawing up of the indictment, every means of defending them- 
selves. 

21. No one shall be sentenced except by the competent authority, 
by virtue of an existing law and in the manner prescribed by the 
same. 

22. In no cases can the penalty of death be established, nor can 
corporal punishment be perpetual or of mifixed duration. 

23. No punishment shall extend bevond the person of the delin- 
quent; in no case whatever shall there be confiscation of property, 
nor shall the infamy of the guilty party affect relatives in any degree. 

24. The right to the revision of all sentences of condemnation is 
assured exclusively in favor of the condemned. 

§. Special laws shall determine what cases are subject to revision 
and the manner of revision. 

25. The right of property is guaranteed within the limitations 
established by the law. 

26. Every description of work, industry and commerce, except 
such as are restricted by law or for the public good, is allowed. 

Only the legislative power and administrative bodies can, in 
cases of recognized public utility, grant the exclusive right to de- 
velop any branch of trade or industry. 



502 CONSTITUTIONS OF THE STATES AT WAR. 

27. No one is obliged to pay taxes which have not been voted by 
the legislative power or by the administrative bodies legally author- 
ized to impose them, when their collection is not effected in the 
manner prescribed by the law. 

28. The secrecy of correspondence is inviolable. 

29. The right to public assistance is recognized. 

30. Every citizen may present to the powers of the State claims, 
complaints and petitions, they may report any infringement of the 
Constitution, and may, without any previous authorization, demand 
from the competent authorities the punishment of offenders. 

31. The haheas corpus must always be granted whenever a per- 
son suffers, or is in imminent danger of suffering, violence or re- 
straint illegally or through an abuse of power. 

The guarantee of the haheas corpus shall only be suspended in 
cases of a state of siege on account of sedition, conspiracy, rebellion 
or foreign invasion. 

A special law will regulate the extent of this guarantee and the 
procedure to be followed. 

32. All persons employed in the public service, in administrative 
bodies or companies under contract with the State are guaranteed 
their posts, together with the rights inherent therein, during their 
term of obligatory military service. 

33. Matters relating to civil status and the respective registers 
appertain exclusively to the civil authorities. 

34. If, after the execution of a criminal sentence, it subsequently 
comes to be proved by legal means to have been unjust, the condemned 
person or his heirs shall have the right to compensation for losses 
and damages, which shall be paid by the National Treasury after 
judgment has been passed in conformity with the law. 

35. In cases not provided for by law, no one, even if mentally 
abnormal, can be deprived of his personal liberty, without previous 
judicial sanction, except in cases of duly proved necessity, the proper 
judicial confirmation being immediately applied for, 

36. Any person interned or detained in a lunatic establishment 
or placed under private restraint, and also his legal representative 
or any relative or friend, may at any time call on the judge concerned 
to set him at liberty, after the necessary inquiries have been made, 
should there be good cause to do so. 

37. It is lawful for every citizen to resist any order which in- 
fringes individual guarantees, unless they have been legally sus- 
pended, 

38. None of the powers of the State shall separately or conjointly 
suspend the Constitution or limit the rights asserted in it, except in 
the cases expressly mentioned therein. 



PORTUGAL. 503 

Art, 4. The particular o^narantees and rights mentioned in the Con- 
stitution do not exchide other guarantees and rights not enumerated 
but resulting from the form of government it establishes, and from 
principles asserted or contained in other laws. 

Title III. — The Sovereignty and Poavers of the State. 

Art. 5. The soAoreigntv essentially resides in the nation. 
Art. 6. The organs of the national sovereignty are : 
The legislative, executive and judicial powers, independent and 
mutually harmonious. 

SECTION 1. THE LEGISLATIVE TOWER. 

Art. 7. The legislative power is exercised by the Congress of the 
Republic composed of two houses, called the Chamber of Deputies 
and the Senate. 

§ 1. The members of Congress are representatives of the nation and 
not of the colleges which elect them. 

§ 2. No one can at one and the same time be a member of the two 
houses. 

§ 3. No one can be a senator under 35 years of age, or a deputy 
under 25 years. 

Art. 8. The Chamber of Deputies and the Senate are elected by di- 
rect suffrage of the citizen electors. 

§. The organization of the electoral colleges of the two houses and 
the procedure of election shall be regulated by special law. 

Art. 9. The Senate shall be composed of senators elected in the pro- 
portion of 3 for every district of the continent and the adjacent islands, 
and of 1 for every overseas province. 

§. For the elections of senators in each of the districts of the con- 
tinent and adjacent islands, lists shall only contain two names. 

Art. 10. For the election of the Chamber of Deputies and of the 
Senate, the electoral colleges shall meet on their own prerogative, if 
they are not duly convoked before the termination of the legislature 
and within the period prescribed by law. 

Art. 11. Congress of the Eepublic will meet on its own preroga- 
tive in the capital of the nation on the second day of December of 
each year. The legislative session shall last four months and may 
only be prorogued or adjourned by decision of Congress itjelf, taken 
at a joint session of the two houses. Each legislature shall last three 
years. 

Art. 12. Congress may be convoked extraordinarily by a fourth 
part of its members or by the executive power. 

Art. 13. The two houses, the opening and closing sessions of 
which shall be on the same days, shall work separately and in public 
sessions, except when otherwise decided. 



504 CONSTITUTIONS OF THE STATES AT WAK. 

Decisions shall be taken by majority of votes, an absolute majority 
of the members of each house being present. 

§. It is incumbent on each of the houses to verify and recognize 
the powers of their members, to elect their bureau, to organize their 
internal rules, to regulate their police service and to appoint their 
officials. 

Art. 14. The joint sessions of the two houses shall be presided over 
by the elder of the presidents. 

Art. 15. Deputies and senators are inviolable on account of their 
opinions and votes in the discharge of their mandate. Their vote 
shall be free and independent of any promptings and directions. 

Art. 16. During the exercise of the legislative functions no mem- 
ber of Congress may act as juryman, expert or witness without the 
authorization of the house concerned. 

Art. it. No deputy or senator shall be arrested or imprisoned dur- 
ing the period of the sessions without the previous consent of his 
house, except in case of flagrante delicto^ to which is applicable the 
" greater penalty " ^ or its equivalent in the penal scale. 

Art. 18. Whenever criminal proceedings are brought against a 
deputy or senator and the offender has been committed, the judge 
shall submit the case to the house, wdiich shall decide whether the 
deputy or senator ought to be suspended, and whether the proceed- 
ings shall continue during the interruption of the sessions or after 
the duties of the offender have terminated. 

Art. 19. During the sessions members of Congress will receive a 
salary to be fixed by the National Constituent Assembly. 

Art. 20. No member of Congress may, after being elected, con- 
clude contracts with the executive power or accept from it or from 
an}^ foreign government any paid office or commission. 

§ 1. The following are exceptions to this prohibition : 

1. Diplomatic missions. 

2. Military commissions or commands and the office of Commis- 
sioner for the Republic in the Colonies. 

3. The offices which are the result of promotion. 

4. A]Dpointments, preceded by competition, which by law are 
made by the government or on a proposal made by bodies whose 
legal province it is to indicate or select the official to be appointed. 

§ 2. No deputy or senator, however, may accept a nomination to 
missions, commissions or commands referred to in Nos. 1 and 2 of the 
preceding §., without the previous consent of the house to which he 
belongs, whenever such acceptance would prevent him from exer- 
cising his legislative functions, except in case of war or when the 
honor or integrity of the nation is at stake. 

1 In the original the words used ai-e pena major. Penas majores are the punishments 
which can only be inflicted as the result of trial by jury. 



PORTUGAL. 505 

Akt. 21. Xo ck?pnty or senator may take part in the administratioa, 
management or superintendence of undertakings or companies con- 
stituted by contract or by special concession or which have any privi- 
lege from the kState, not conferred by general law, subsidy or guar- 
antee of revenue (save what is in the interests of the State under 
government control) ; nor. moreover, can he be a concessionnaire, con- 
tractor or partner in any fii-m holding concessions, contracts or en- 
gagements for public works and financial operations with the State. 

§. The disregard of the provisions contained in this or the preced- 
ing article entails forfeiture of the seat and cancellation of the acts 
and contracts therein referred to. 

THE CHAMBER OF DEPUTIES. 

Art. 22. Deputies are elected for three years. 

§. A deputy elected to fill a vacancy occurring by death or any 
other cause shall only exercise his mandate during the unexpired 
period of the legislature. 

Art. 23. It is the province of the Chamber of Deputies to take the 
initiative : 

a. As regards taxes. 

h. The organization of the land and sea forces. 

c. The discussion of the bills laid by the executive power, 

d. The impeachment of the members of the executive power, for 
breaches of duty committed in that capacity, in accordance with the 
provisions of this Constitution. 

e. The revision of the Constitution, 

/, The prorogation and adjournment of the legislative session, 

THE SENATE. 

Art. 21. Senators are elected for six years. 

Whenever it shall be necessary to hold a general election of deputies, 
one half of the members of the Senate shall be renewed. 

§ 1. For the first renewal of' the Senate, it shall be decided by lot 
which a¥e the districts and overseas provinces whose representatives 
must retire ; subsequent retirements will be by priority of election. 

§ 2. A senator elected to fill a vacancy arising through death or 
any other cause will exercise his mandate during the unexpired term 
of office of the late senator. 

Art. 25. The Senate has the exclusive right to approve or reject by 
secret vote proposals for the appointments of governors and commis- 
sioners of the Kepublic in the provinces. 

§. When Congress is closed, the appointments mentioned in this 
article, when made by the executive power, shall be considered pro- 
visional. 

S83S1— 19 33 



506 CONSTITUTIONS OF THE STATES AT WAE. 



THE ATTRIBUTIONS OF THE REPUBLIC. 



Akt. 26. It is the exclusive province of the Congress of the Re- 
public : 

1. To make, interpret, suspend and revoke laws. 

2. To see to the observance of the Constitution and of the laws 
and to promote the welfare of the nation. 

3. To estimate the receipts and fix the amount of expenditure each 
year, take charge of the accounts of receipts and expenditure of each 
financial year and vote the annual taxes. 

4. To authorize the executive power to contract loans and under- 
take other financial operations, except in connection with the float- 
ing debt, and to establish and give previous approval to the general 
conditions under which they are to be carried out. 

5. To regulate the payment of the internal and external debt. 

6. To take measures for the organization of national defense. 

7. To create and suppress public employments and determine 
the attributions and salaries of officials. 

8. To create and suppress customs houses. 

9. To settle the weight, value, inscription, type and denomina- 
tion of coins. 

10. To determine the standard of weights and measures. 

11. To establish banks of issue, regulate the issue of notes and 
the respective charges thereon. 

12. To decide as to the boundaries of the territories of the nation. 

13. To fix the limits of the administrative divisions of tho 
country, and decide as to their general organization. 

1 L To authorize the executive power to declare war if recourse 
be not had to arbitration, or if the same should fail, except in cases 
of imminent or effective aggression by foreign forces. 

15. To give a definite decision as to treaties and conventions. 

16. To declare one or more places of the national territory to be 
in a state of siege, with a total or partial suspension of constitutional 
rights, in an emergency of foreign aggression or internal disorder. 

§ 1. Should Congress not be sitting, this function shall be exer- 
cised by the executive power. 

§ 2. The latter, however, during the state of siege, shall restrict 
itself to measures of repression against persons and to the detention 
of criminals in places not destined to common offenders. 

§ 3. On the reassembly on its own prerogative of Congress within 
the space of 30 days, the executive power shall present a report stating 
the reasons for the exceptional measures taken and for the abuse of 
which the respective authorities shall be made responsible. 

IT. To organize the judicial power in the terms of the present 
Constitution. 



PORTUGAL. 507 

18. To grant amnesties. 

19. To elect the President of the Republic. 

20. To dismiss the President of the Republic according to the 
terms of the Constitution. 

21. To settle as to the revision of the Constitution before the lapse 
of the period of ten years, in the terms of § 1 of Article 82. 

22. To regulate the administration of national property. 

23. To legislate in regard to the disposal of national propert}^ 

24. To sanction codes of rules for the due execution of the laws. 
§. Rules Avhich have not obtained this sanction are considered 

provisional. 

25. To continue in the exercise of their legislative functions, after 
the termination of the respective legislature, if for any reason the 
elections have not been held within the constitutional periods. 

§. This extension of functions shall continue until the elections, 
which will return the new members to Congress, have been held. 

THE INITIATIVE, FOUMATION AND PKOMULGATION OF LAWS AND RESOLUTIONS. 

Art. 27. The authorization allowed by the legislative power can not 
be utilized more than once. 

Art. 28. Save the exceptions mentioned in Article 23, the initiative 
of bills is open without distinction to all members of the Congress or 
of the executive power. 

Art. 29. A bill when adopted in one of the houses shall be sub- 
mitted to the other, and the latter, if it approves it, shall send it to 
the President of the Republic, who shall promulgate it as law. 

Art. 30. The form of promulgation shall be as follows : " In the 
name of the nation, the Congress of the Republic has decreed and I 
■hereby promulgate the following law (or resolution)." 

Art. 31. The President of the Republic, as chief of the executive 
power, shall promulgate any bill within the period of 1.5 clays from 
the date on which it was presented to him. Silence on the part of 
the President up to the last day of the said period is equivalent to 
promulgation of the law. 

Art. 32. A bill approved by one house shall be sent to the other, 
which shall decide in regp^rcl to it not later than in the legislative 
session following that in which it was approved. Failing this, the 
text approved by the house in which the bill was introduced shall 
be promulgated. 

Art. 33. A bill brought in by one house and amended by the other 
shall be returned to the first, which, if it accept the amendments, 
f-hall send the bill amended accordingly to the President of the Re- 
public for promulgation. 



508 CONSTITUTIONS OF THE STATES AT WAR. 

§. When the amendments are not approved, the latter, together 
with the bill, shall be submitted for discussion and to a vote of the 
two houses at a joint sitting. 

The approved text shall be sent to the President of the Eepublic, 
who shall promulgate it as a law. 

Art. 34. When a bill has been rejected by one of the houses after 
it has been approved in the other, it shall be dealt with as if it had 
undergone amendments instead of rejection. 

Art. 35. Bills which have been definitely rejected can not be rein- 
troduced in the same legislative session. 

SECTION 2. THE EXECUTIVE POWER. 

Art. 36. The executive power is exercised by the President of the 
Republic and by the ministers. 

Art. 37. The President of the Republic represents the nation in all 
general State relations, both internal and external. 

THE ELECTION OF THE PRESIDENT OF THE EEPUBLIC. 

Art. 38. The election of the President of the Republic shall take 
place at a special sitting of Congress, which shall assemble of its oWn 
prerogative 60 days before the term of the presidental office. 

§ 1. Voting will be by secret ballot and election will be by two 
thirds of the votes of the members of the two houses of Congress 
at a joint sitting. 

If none of the candidates obtain an absolute majority, the election 
will continue, at a third voting, only as between the two who have 
obtained the highest number of votes, the one obtaining the highest 
number of votes being finally elected. 

§ 2.. In the case of a vacancy occurring in the Presidency, through 
death or any other cause, the two houses, united in Congress of the 
Republic on their own prerogative, shall forthwith proceed to the 
election of a new President, who shall exercise his functions during 
the presidential period still to run. 

§ 3. So long as the election referred to in the preceding § shall 
not have been carried out, or whenever there shall be a temporary 
impediment in the exercise of presidential functions, the ministers 
shall jointly assume full executive power. 

Art. 39. Only Portuguese citizens not less than 35 years of age, in 

the full enjoyment of political and civil rights, and who have not 

had any other nationality may be elected President of the Republic. 

. Art. 40. The following are ineligible to the office of President of 

the Republic : 

a. Members of the families which have reigned in Portugal. 



PORTUGAL. 509 

h. Blood relatives or connections in the first or second degrees, 
by civil right, of the outgoing President, but only as regards the 
first election following his retirement. 

Art. 41. A member of Congress who is elected President immedi- 
ately loses such membership by reason of his election. 

Art. 42. The President shall hold office for 4 years, and can not 
be reelected for the period of 4 years immediately following. 

§. The President will cease to perform the duties of his office on 
the same day as his mandate expires, the newly elected. President 
assuming his office at once. 

Art. 43. On assuming office the President will make the following 
declaration of covenant before Congress in session, presided over by 
the oldest president : 

I solemnly affii'ua, on my honor, to maintain and carry out with loyalty and 
fidelity the Constitution of the Republic, to observe the law. to promote the 
general welfare of the nation and to uphold and defend its integrity and inde- 
pendence. 

Art. 44. The President shall not leave national territory without 
permission from Congress under pain of losing his office. 

Art. 45. The President shall receive a salary to be determined be- 
fore his election, which may not be altered during the period of his 
office. 

§. None of the State properties, not even that in which the secre- 
tariat of the Presidency of the Kepublic is lodged, may be used. for 
the personal accommodation of the President or of persons of his 
familv. 

Art. 46. The President may be dismissed by the two houses in 
Congress on a resolution, supported and approved by two thirds 
of its members, which resolution shall clearly set forth the dismissal, 
or on conviction for a crime for breach of duty. 

THE ATTRIHTTTIONS OF THE PRESIDENT OF THE REPUBLIC. 

Art. 47. It is the province of the President of the Eepublic : 

1. To appoint ministers from among eligible Portuguese citizens 
and to dismiss them. 

2. To convoke Congress in extraordinary session, whenever the 
welfare of the nation may require it. 

3. To promulgate and cause to be published the laws and regula- 
tions of Congress and to issue decrees, instructions and regulations 
to secure their faithful execution. 

4. To fill up civil and military offices upon the recommendation 
of ministers and to relieve, suspend and dismiss officials, in accord- 
ance with law, the right of appeal to the proper courts being always 
reserved to them. 



510 " COXSTITUTIOXS OF THE STATES AT WAR. 

5. To represent the nation as regards foreign States and to di- 
rect the external affairs of the Eepublic without prejudice to the at- 
tributions of Congress. 

6. To proclaim, with the approval of the ministers and for a 
period not exceeding 30 days, a state of siege in any part of the na- 
tional territory in cases of foreign attack or serious internal dis- 
turbance, according to the terms of §§ 1, 2 and 3 of No. 16 of Article 
26 of this Constitution. 

7. To negotiate treaties of commerce, of peace and of arbitra- 
tion and to conclude other international conventions, submitting the 
same to Congress for ratification. 

§. Treaties of alliance shall be submitted to the examination of 
Congress at a secret session, whenever two thirds of its members 
]Detition in that sense. 

8. To remit and commute punishments. 

9.. To attend to all matters that may concern the internal and 
external safety of the State, in accordance with the Constitution. 

Art. 48. The attributions referred to in the preceding article 
shall be exercised through the intermediary of the ministers and 
according to the terms of Article 19. 

THE JIIXISTEES. 

Aet. 49. All the acts of the President of the Eepublic shall be 
countersigned, at least by the minister concerned. Should this not be 
the case, they shall be null and void, they can not be executed and no 
one shall be obliged to obey them. 

Art. 50. Ministers can not hold positions in any other employ- 
ment or public charge, nor jbe elected to the office of President of 
the Republic, unless they have ceased to hold office six months before 
the date of the election. 

§ 1. Members of Congress who accept the post of minister shall 
not lose their mandate. 

§ 2. The prohibitions and other provisions enumerated in Ar- 
ticle 21 and its §. are applicable to ministers. 

Art. 51. Each minister is responsible politically, civilly and crim- 
inally for his legislative and executive acts. 

^Ministers shall be tried for crimes of breach of duty which they 
may commit or sanction by the ordinary courts. 

Art. 52. Ministers must appear in the session of Congress and 
shall always have the right to be heard in defense of their acts. 

Art. 53. One of the ministers, who shall also be appointed by the 
President of the Eepublic. shall be President of the Ministry and 
shall answer not only for the affairs of his office, but also for general 
policy. 



PORTUGAL,. 511 

Art. 5-t. During the first tiftecn da>'.s of Jaiuuirv tlie ^Minister of 
Finance shall lay the general budget of the State before the Chamber 
of Deputies. 

CKIMKS yon liUKACH OF DUTY. 

Ai{T. 55. Crimes for breach of dut}- are those acts on the part of 
the executive power and its agents which are directed against: 
1. The political existence of the nation. 
'2. The Constitution and the republican democratic regime. 
8. The free working of the powers of the State. 

4. The enjoyment and exercise of political or individual rights. 

5. The internal security of the country. 
G. The integrity of the administration. 

7. The custody and constitutional employment of public moneys. 

8. The budgetary laws voted by Congress. 

§ 1. Conviction for the conuiiission of any of tliese crimes in- 
i^olves loss of office and renders the offender incapable of exercising 
an}' public function. 

§ 2. The President of tlie Republic is not responsible for the ad- 
ministrative acts of his ministers or their agents, but only for the 
crimes mentioned in Nos. 1, 2, 3, 4 and 5 of this article. 

SECTIOX r,. THE JUDICIAL POWER. 

Art. 56. The organs of the judicial poAyer of the Republic shall 
consist in a Supreme Court of Justice and courts of first and second 
instance. 

§. The Supreme Court of Justice shall have its seat in Lisbon. 
The courts of first and second instance shall be distributed through- 
out the country according as the necessities of the administration of 
justice demand. 

Art. 57. Judges belonging to the section of the judicial magistra- 
ture hold office for life and are irremovable, and their nomination, 
•lismissal, suspension, promotion, transfer and appointment outside 
their section shall be made in accordance with the forms of the or- 
ganic law concerning the judicial power. 

Art. 58. The institution of the jury is maintained. 

Art. 59. Trial by jury shall be optional in civil and conunercial 
cases and obligator}- in criminal cases, when a penalty more severe 
than correctional is provided for the crime committed or when the 
offense is of political origin or character. 

Art. 60. Judges shall not be held responsible for the sentences 
pronounced by them, except in the cases mentioned in the law. 

Art. 61. No judge may accept an office of profit from the govern- 
ment. The government may, when the interests of the public service 



512 COISrSTITUTIONS OF THE STATES AT WAK. 

demand it, appoint the judges it considers necessary on any perma- 
nent or temporary commission, and these appointments shall be made 
in accordance with the terms laid down in the organic law on this 
subject. 

Art. 62. Sentences and orders of the judicial power shall be exe- 
cuted by exclusively judicial officials, to whom the proper authorities 
shall be obliged to lend assistance when called upon to do so. 

Art. 63. When either of the parties in a case submitted to the deci- 
sion of the judicial power calls in question the validity of a law^ or of 
acts which have been cited and which were issued by the executive 
power or of bodies invested with public authority, the judicial power 
shall pronounce on its constitutional legalit}^ or on how far it is in 
accordance with the Constitution and the principles laid down 
therein. 

Art. 64. The President of the Republic shall be tried and sentenced 
by the ordinary tribunal for any crimes which he may commit. 

§. When the proceedings have been carried to the point of com- 
mittal for trial, the judge shall communicate the fact to Congress, 
which shall, in a joint session of both houses, decide whether the 
President of the Republic shall be immediately tried or whether his 
tri&,l shall take place at the conclusion of his tenure of 6ffice. 

Art. 65. If a minister is to be tried on a criminal charge, the judge 
shall, when proceedings have reached the point of committal for trial, 
communicate the fact to the Chamber of Deputies, which shall de- 
cide whether the minister shall be suspended and. whether his trial is 
to take place in the interval between the sessions or onl3^ after the 
accused has ceased to hold office. 

Title IV. — Local Administrative Institutions. 

Art. 66. The organization and attributions of administrative 
bodies shall be regulated by a special law, and shall be based on the 
following principles : 

1. The activities of administrative bodies shall be entirely inde- 
pendent of the executive. 

2. Deliberations of administrative bodies can be modified or an- 
nulled by the courts, when they conflict with laws or regulations of 
general order. 

3. District and municipal poAvers shall be divided into delibera- 
tive and executive, according to the terms prescribed by the law. 

4. The us2 of the referendum, according to the provisions laid 
down by law. 

5. Minority representation in administrative bodies. 

6. Financial autonomy of administrative bodies in the form pre- 
scribed by law. 



PORTUGAL. 513 

Title Y. — The Admixtstratiox of the Colonial Provixces. 

Akt. ()7. The i)revailing principle in the administration of co- 
lonial provinces shall be that of decentralization, with special laws 
suited to the state of the civilization of each one of those provinces. 

Title VI. — General Provisions. 

Art, 08. All Portuguese, each according to his capacity, are bound 
to military service in order to sustain the independence and integrity 
of the country and Constitution and to defend them from their 
enemies, internal and external. 

Art. 69. The public forces are essentially obedient and can not 
formulate petitions or collective representations nor meet together, 
exce2)t with the authority of or bj^ order of the competent authori- 
ties. Armed bodies can not deliberate. 

Art. 70. Special laws shall provide for the organization and ad- 
ministration of the military and naval forces in the whole of the 
territory o.f the Republic. 

xVrt. 71. There is no pardon for those ayIio are condemned for 
crimes and offenses against the electoral laws. That house, on ac- 
count of which such crimes and offenses have been committed, can 
nevertheless take the initiative in granting an amnesty, when two 
thirds of its members vote therefor, but only after one half of the 
sentence, if it is one of imprisonment, has been served. Such am- 
nesty can not include the costs of trial, fines and legal expenses. 

Art. 72. The crimes for breach of duty referred to in Article 55 
shall be defined by a special law. 

Art. 73. The Portuguese Republic, without prejudice to its en- 
gagements under its treaties of alliance, advocates the principle of 
arbitration as the best method for solving international questions. 

Art. 74. For the effects of the exercise of political rights, all those 
persons are Portuguese citizens who are considered as such by the 
civil law. 

§. The loss and recognition of Portuguese citizenship are also 
regulated by the civil law. 

Art. 75. The right to the military medal is guaranteed in the 
terms of the respective laws and regulations to all those who, at the 
date of the promulgation of this Constitution, are serving in the 
army and navy. 

§. The pensions hitherto enjoyed by persons decorated with the 
Order of the Torre ancl Espada are maintained. 

Art. 76. The medal for merit, philanthropy and generosit}'. as 
well as for good service overseas, is maintained. 



514 CONSTITUTIONS OF THE STATES AT WAE. 

Art. 77. Congress shall annually allocate certain of its sessions to 
the exclusiA^e deliberation of local interests and representations made 
to the legislative power by administrative bodies in those matters in 
which the State should intervene. 

AnT. 78. A special law shall determine the cases and the condi- 
tions in which the State shall grant pensions to the families of 
soldiers who have died in the service of the Republic or to soldiers 
incapacitated by reason of the same service. 

Art. 79. Certificates granted for civil deeds and military acts can 
be accompanied by medals. 

Art. 80. The laws and decrees, with the force of law hitherto ex- 
isting, continue in force until revoked or revised by the legislative 
poAver and remain valid in so far as they are not explicitly contrary 
to the system of government adopted by the Constitution and to the 
principles consigned therein. 

Art. 81. As soon as this Constitution is approved, it shall be de- 
creed and promulgated by the bureau of the National Constituent 
Assembly and signed by its members. 

Title VII. — The Revision or the Constitution. 

Art. 82. The Constitution of the Portuguese Republic shall be 
revised every 10 years beginning with the promulgation of the 
present one, and for this purpose constituent powers shall be held 
by the Congress whose mandate embraces the period of revision. 

§ 1. Revision can be anticipated by 5 years, if approved by two 
thirds of the Congress of the two houses in joint session. 

§ 2. Bills for the revision of the Constitution which do not define 
precisely the alterations projected can not be admitted to discussion, 
nor can those the purport of which is to abolish the republican form 
of government. 

Transitory Provisions. 

Art. 83. The first President of the Portuguese Republic shall be 
elected in special session fixed for the third day after that on which 
the Constitution has been approved by the National Constituent 
Assembly, and after his salary has been determined. 

The election shall be by secret ballot and by an absolute majority 
of the members of the National Constituent Assembly, with powers 
certified up till the eve. 

If, after the second ballot has taken place, it is ascertained that 
there has not been an absolute majority, the third ballot shall be by 
a majority as between the two candidates who obtain most votes in 
the second. 

The first presidential mandate shall terminate on 5 October 1915.. 



PORTUGAL. 515 

^. For tills election the disability referred to in Article 50 shall 
not obtain. 

Art. 84. The election of the Senate shall take place in the session 
immediatel}^ folloAving that in which the election of the President 
was held. 

§ 1. The first senators shall be elected from among the deputies 
of the National Constituent Assembly over 30 years of age. They 
shall number 71, and the remaining members of the National Con- 
stituent Assembly shall form the first Chamber of Deputies. 

§ 2. The choice of the senators shall be made in four elections, the 
first three by listvS of 21 names and the last by a list of 8. In the first 
three lists there shall be representatives of all the districts, provided 
the deputies of these districts fulfill the conditions of this article. 

§ 3. The mandate of the members of the two houses thus formed 
terminates, when, after the end of the legislative session of 1914, 
there has been constituted a new Congress in the terms laid down by 
the Constitution. 

Art. 85. The first Congress of the Republic shall elaborate the 
following laws : 

a. Law respecting crimes for breaches of duty. 
h. The administrative code. 

c. The organic laws of overseas provinces. 

d. The law on judicial organization. 

e. The law upon the simultaneous enjoyment of more than one 
public oiRce. 

/. The law regulating political incompatibilities. 
g. The electoral law. 

§. At the same time and at alternate sessions, the geneial esti- 
mates of the State and other necessary measures shall be discussed. 

Art. 86. The vacancies which occur in the first Chamber of 
Deputies shall only be filled if its number be reduced to less than 
135 members. 

Art. 87. When Congress is closed, the government can take the 
measures it judges necessary and urgent for the overseas provinces. 

§. As soon as CongTess opens, the. government shall give an ac- 
count of the measures taken.^ 

1 Here follow Uie sig-natiues of the president, first secretary and second secretary of the 
National Constituent Assembly. 



ROUMANIA. 

For centuries the principalities of the Danube, Mokhivia and Wal- 
lachia, had a hard struggle to preserve their independence against 
powerful neighbors. The Crimean War gave the principalities an 
opportunity to bring their claims before the European Powers. The 
Treaty of Paris of 30 March 1856 (Articles 15-27) suppressed the 
protectorate, which Russia had exercised for about 27 years, and 
instituted (Article 23) a commission to study on the ground the 
question of reforms. This commission, composed of delegates of the 
Powers, sat at Bucharest in March 1857. Two consultative assem- 
blies, convoked for the purpose of making known the wivshes of each 
principality, agreed on 19 and 21 October 1857 to proclaim the 
necessity: 1. of an autonomous government; 2. of the union of the 
two countries ; 3. of the election of a foreign prince ; 4. of the organi- 
zation of a representative government. This declaration is known 
as the " Declaration of the Four Points." The Conference of Paris 
did 'not respect all of these wishes, when it adopted the Organic 
Convention or Act of 7/19 August 1858, which in 50 articles organ- 
ized the principalities as two distinct States, each having its own 
prince. The first real step toward actual union was taken in 1859, 
when Alexander was elected prince of both countries, but real union 
did not take place until several years later. In 1866 a revolution 
brought Charles of Hohenzollern-Sigmaringen to the throne and he 
immediately called a Constituent Assembly. The Constitution now 
in force was voted by this Constituent Assembly'', elected by universal 
suffrage, on 30 June/12 Juh?- 1866. The Constitution has been 
amended twice ; once, on 13/25 October 1879, as a result of the Turco- 
Russian War of 1877, and a second time, on 8/20 June 1884. x\.t the 
same time as the second revision of the Constitution a new Electoral 
Law was passed which is still in force, although it has undergone 
important modifications.^ 



CONSTITUTION OF 30 JUNE/12 JULY 1866, AS AMENDED 13/25 
OCTOBER 1879 AND 8/20 JUNE 1884.2 

Title I. — The Territory of Eoumania. 

Article 1.^ The Kingdom of Eoumania with its districts on the 
right bank of the Danube constitutes a single indivisible State. 

1 This introductory paragraph is based upon F. R. Dakeste et P. Dakeste^ Les Con- 
stitutions viodcriics (Sd edition, Paris, 1910), vol. ii, pp. 229—231. 

2 Translated by Otis G. Stanton from the French translation in Daeeste^ op. cit., pp. 
231-255. French translation also in the British and Foreign State Papers, 57 : pp. 
263-278 ; 71 : pp. 117G-1177 ; and 75 : pp. 110.5-1106. German translation in Paul 
POSENEK, Die Staatsvei-fassurgen des ErdbaUs (Charlottenburg, 1909), pp. 784-800. 

« As amended 8/20 June 1884. 

517 



518 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 2. The territory of Eoumania is inalienable. 

The limits of the State can be changed or rectified only by virtue 
of a law. 

Art. 3. The territory of Eoumania can not be colonized by popula- 
tions of a foreign race. 

Art 4. The territory is divided into districts ; the districts into ar- 
ronclissements ; the arrondissements into communes. 

These divisions and subdivisions can be modified or rectified only by 
virtue of a law. 

Title II. — The Rights or Roumanians. 

Art. 5. Roumanians enjoy liberty of conscience, liberty of instruc- 
tion, liberty of the press and liberty of assembly. 

Art. 6. The present Constitution and other laws relative to political 
rights determine what, independently of the Roumanian character, 
are the conditions necessary for the exercise of these rights. 

Art. 7.^ The distinction of religious beliefs and of confessions shall 
not, in Roumania, constitute an obstacle to the acquisition of civil and 
political rights and to their exercise. 

§ 1. The alien may, without distinction of religion,- and whether 
or not he is subject to a foreign protection, obtain naturalization 
under the following conditions : 

a. He shall address to the government his petition for naturaliza- 
tion, by which he shall make known the capital he possesses, the pro- 
fession or industry he is engaged in, and his desire to establish his 
domicile in Roumania. 

&. Following this request he shall live in the country during ten 
years and prove by his actions that he is useful to the country. 

§ 2. The following may be excused from residence : 
a. Those who shall have introduced industries or useful inventions 
into the country, or who shall possess distinguished talents ; those who 
shall have founded large establishments of commerce or of industry. 

6. Those who, born and reared in Roumania, of parents estab- 
lished there, have never enjoyed, neither the ones nor the others, a 
foreign protection. 

c. Those who have served under the flag during the War of In- 
dependence. These may be naturalized collectively, on the proposal 
of the government, by a single law and without other formality. 

§ 3. Naturalization can be accorded only by a law and individually, 

§ 4. A special law shall determine the mode according to which 
aliens may establish their domicile in Roumania. 

1 As amended 13/25 October 1879. 

2 Old Article 7 permitted naturalization only to foreigners " of Christian rites," and 
therefore excluded Jews. 



roumajSTia. 519 

§ 5. Roumanians, or those who are naturalized as Roumanians, may 
ticquire veal estate in Roumania. 

Rights already acquired shall be respected. 

The international conventions now existino- shall remain in force 
with all their clauses and until the expiration of their term. 

Art. 8. Naturalization is granted by the legislative power. 

Xatni-alization alone assimilates the alien to the Roumanian for the 
exercise of political rights. 

Art. 9. Every Roumanian of any State Avhatever, without distinc- 
tion of place of birth, from the moment when he has proven his re- 
nunciation of the foreign protection, can inmiediately obtain the 
■exercise of political rights by a vote of the legislative bodies. 

Art. 10. No class distinctions exist in the State. All Roumanians 
are equal before the law^ and obliged to contribute without distinction 
to the imposts and to the public charges. 

They are alone admissible to public, civil and militai'y functions. 

Special laws shall determine the conditions of admissibilit}" and 
advancement in the functions of the State. 

Aliens can be admitted to the public functions only in exceptional 
i-ases, specially determined by the laws. 

Art. 11. All aliens Avho are on the soil of Roumania enjoy the 
protection that the laws accord to persons and to propert}^ in general. 

Art. 12. All class privileges, exemptions and monopolies are for- 
ever abolished in the Roumanian State. 

Foreign titles of nobility, such as those of prince, count, baron and 
others similar, are and remain inadmissible in the Roumanian State, 
as contrary to the ancient institutions of the country. 

The wearing of foreign decorations by Roumanians is subject to 
the authorization of the King. 

Art. 13. Individual liberty is guaranteed. 

No one can be prosecuted except in cases provided by the law and 
in the form which it prescribes. 

No one can be held or arrested, outside of cases of -flagrante delicto^ 
except by virtue of a judicial mandate, giving reasons therefor, 
which must be communicated to him at the moment of arrest, or, at 
the latest, within the 21 hours which follow the arrest. 

Art. 11. No one can be taken against his consent from the judges 
whom the law assigns to him. 

Art. 15. The domicile is inviolable. 

No domiciliary visit can be made except in the cases expressly 
provided for by the law and in the form which it prescribes. 

Art. 16. No punishment can be established or applied except by 
virtue of a law. 

Art. 17. No law can establish the confiscation of property. 



520 COIsrSTITUTIONS OF THE STATES AT WAK. 

Art. 18. The penalty of death can not be reestablished except in 
the cases provided for by the Military Penal Code, in time of war.^ 

Art. 19. Property of every kind is sacred and inviolable, the same 
as all credits against the State. 

N'o one can be dispossessed except for the purpose of public utilitj^ 
legally decided and after a just and previous indemnity. 

By the purpose of public utility must be understood only public 
roads, public health and the works of defense of the country. 

The existing laws regarding the alignment and the enlargement of 
the public ways in the communes, as also the banks of the water- 
courses which cross them or run along them, remain in force. 

Special laws shall regulate the procedure and the mode of expro- 
priation.^ 

The free and unimpeded use of navigable rivers and those usable 
for rafts, of roads and other waj^s of communication is a part of the 
public domain. 

Art. 20. The property granted to the peasants by the rural law," 
just as the indemnity guaranteed to owners \)j the said law, can not 
suffer any injury. 

Art. 21. Liberty of conscience is absolute. 

The liberty of all the cults is guaranteed in so far as their cele- 
bration does not offend against public order or good customs. 

The Eastern Orthodox Religion is the dominant religion of the 
Boumanian State. The Orthodox Eoumanian Church is and re- 
mains independent of all foreign supremacy while preserving its 
Tuiity with the OEcumenical Eastern Church so far as dogmas are 
concerned. 

The spiritual, canonical and disciplinary affairs of the Eoumanian 
Orthodox Church shall be regulated by a unique central synodal 
authority, conformabl}'^ to a special law\* 

The metropolitans and the diocesan bishops of the Roumanian 
Orthodox Church are elected according to the mode determined by a 
special law.^ 

Art. 22. The acts of the civil State are within the competency of 
the civil authorities. 

The publication of these acts must always precede the religious 
benediction, which shall be obligatory for marriages, except in the 
cases provided for by a special law. 

1 Code of Military Justice of 27 April/9 May 1873. 

2 Law of 20 October/1 November 1864, amended 8/21 February 1900. 

3 Law of 15/27 August 1864 gOYerning rural property. See Article 132. 

*Law of 19/31 December 1872 on the election of metropolitans and diocesan bishops 
and on the organization of the Holy Synod of the Autocephalous Holy Roumanian Ortho- 
dox Church. Law of 25 February/10 March 1906 on the secular clergy and the 
seminaries. 



EOUMANIA. 521 

Art. 23. Education is free. 

Liberty of education is guaranteed, in so far as its exercise does 
not ort'end against good customs or public order. 

The repression of crimes is regulated solely by the law. 

Primary schools shall be gradually instituted in all the communes 
of Koumania. 

Education shall be gi-atuitous in all the schools of the State. 

Primary instruction shall, be obligatory for the Roumanian youth 
wherever primary schools are instituted. 

A special law shall regulate all that concerns public instruction.^ 

Art. 24.- The Constitution guarantees to everyone the liberty of 
communicating and of publishing his ideas and his opinions by word, 
in writing and by the press, each one being responsible for the abuse 
of this liberty in the cases determined by the Penal Code, which in 
any case can not restrict the right in itself. 

Xo exceptional law can be established in this matter. 

Censorship or any other preventive measure against the appear- 
ance, sale or distribution of any publication wdiatsoever can not be 
established. 

There is no need of the prior authorization of any authority for 
the appearance of any publication whatsoever. 

There shall not be exacted any caution-money from journalists, 
writers, publishers, printers and lithogi'aphers. 

The press shall never be subjected to the regime of warnings. 

Xo journal or publication can be suspended or suppressed. 

The author is responsible for his writings ; in default of the author, 
the manager is responsible ; and in default of the latter, the editor. 

Every journal must have a responsible manager enjoying civil and 
political rights. 

Crimes by the press are judged by jury, except ^ those which shall 
be committed against the person of the King and of the royal family 
or against the sovereigns of foreign States; these crimes shall be 
judged by the ordinary tribunals, according to the common law. 

Preventive arrest in the matter of press is forbidden. 

Art. 25. The privacy of letters and of telegi-aphic despatches i=; 
inviolable. 

A law shall determine the responsibility of the agents of the gov- 
ernment for the violation of the privacy of letters and despatches 
entrusted to the post and to the telegraph. 

Art. 26. Roumanians have the right to assemble peaceably and 
without arms, if they conform to the laws which regulate the exer- 

^ Law of 29 April/11 May 1896 on primary and normal-primary education, amended 
many limes. Law of 23 March/4 April 1898 on secondary and higher education, amended 
in 1901 and 1904. Law of 27 March/8 April 1899 on professional education. 

2 As amended 8/20 June 1884. 

' This exception was introduced by the law of amendment of 1884. 

88381—19 34 



522 CONSTITUTIONS OF THE STATES AT WAE. 

cise of this right, to treat questions of all kinds ; there is no need of 
a prior authorization for this. 

This provision is not applicable to assemblings in the open air, 
which are subject entirely to the police laws.^ 

Art. 27. Roumanians have the right to associate themselves to- 
gether, if they conform to the laws which regalate the exercise of 
this right. 

Art. 28. Each one has the right to address himself to the public 
authorities by means of petition signed by one or more persons, with- 
out power, however, to petition otherwise than in the name of the 
signers. 

The constituted authorities alone have the right to address petitions 
in the collective name. 

Art. 29. There is no need of any prior authorization for the 
bringing of suits by the injured parties against public functionaries 
for acts of their administration, except what is specially enacted 
with regard to ministers. 

The cases and the manner of the suit shall be determined by a 
special law. 

Special provisions of the Penal Code shall determine the penalties 
incurred by false accusers. 

Art. 30. No Roumanian can, without the authorization of the 
government, enter the service of a foreign State without losing there- 
by his nationality. 

The extradition of political refugees is forbidden. 

Title III. — ^The Powers of the State. 

Art. 31. All the powers of the State emanate from the nation, 
which can exercise them only by delegation, according to the prin- 
ciples and rules established by the present Constitution. 

Art. 32. The legislative power is exercised collectively by the 
King and by the national representation. 

The national representation is divided into two houses : The^Seur 
ate and the Chamber of Deputies. 

Every law requires the approval of the three branches of the legis- 
lative power. 

No law can be submitted to the sanction of the King until after it 
has been discussed and voted freely by the majority of the two 
houses. _ 

Art. 33. The right to initiate laws belongs to each of the three 
branches of the legislative power. 

1 Law of 1/14 April 1903 on the organization of the general police of the State. 



KOUMANIA. 523 

Nevertheless, every law relative to receipts and to the expenditures 
of the State or to the contingent of the army must first be voted by 
the Chamber of Deputies. 

Art. 34. Authoritative interpretation of the laws belongs ex- 
clusively to the legislative power. 

-Art. 35. The executive power is confided to the King, who exer- 
cises it according to the mode determined by the Constitution. 

Art. 36. The judicial power is exercised by the courts and tribu- 
nals; their judgments and sentences are rendered by virtue of the 
law and executed in the name of the King. 

Art. 37. Exclusive interests of district or commune are regulated 
by the councils of the districts or the communes, according to the 
principles established by the Constitution and special laws. 

chapter I. THE national REPRESENTATION. 

Art. 38. The members of the two houses represent the nation and 
not simply the district or the locality which has named them.. 

Art. 39. The meetings of the houses are public. 

Nevertheless, each house forms itself into a secret committee on the 
request of the president or of 10 members. 

It decides, afterwards, by absolute majority, whether the session 
must be repeated in public on the same subject. 

Art. 40.^ Each house verifies the titles of its members and judges 
the contests which may arise in this regard. 

An election can be invalidated only by two thirds of the number of 
members present.^ 

Art. 41. No one can be a member of the two houses at once. 

Art. 42. The members of either house, named by the government to 
be a salaried office which they accept, cease to be representatives and 
resume the exercise of their mandate only b}^ virtue of a reelection. 

These provisions are not applicable to the ministers. 

The electoral law determines incompatabilities. 

Art. 43. At each session the Chamber of Deputies names its presi- 
dent, its vice-presidents, and forms its own bureau. 

Art. 44.^ The Senate elects, from its own members, its president, its 
vice-presidents, as well as the other members of its own bureau. 

Art. 45.^ Every resolution is passed b}' an absolute majority of the 
votes, except those which shall be fixed by the rules of the houses in 
regard to elections and presentations. 

In case of a tie vote, the proposition under consideration is rejected. 

lAs amended 8/20 Junp 1884. 

-This provision was added by the law of amendment of 1884. 



524 CONSTITUTION'S OF THE STATES AT WAR. 

Neither of the two houses can pass a resolution, if the majority of 
its members are not present. 

Art. 46. Votes are expressed by sitting down or standing up, viva 
voce or by secret ballot. 

A bill can be adopted only after having been voted article by 
article. 

Art. 47. Each house has the right of inquiry. 

Art, 48. The houses have the right to amend and to divide into 
several parts the articles and amendments proposed. 

Art. 49. Every member of the houses has the right to address in- 
terpellations to the ministers. 

Art. 50. Each has the right of addressing petitions to the houses 
through the medium of the bureau or one of its members. 

Each of the two houses has the right to transmit to the ministers 
petitions which are addressed to it. 

The ministers are obliged to give explantions as to their tenor, 
whenever the houses ask for them. 

Art. 51. No member of either house can be prosecuted or annoyed 
for the opinions or votes given forth by him during the exercise of 
his mandate. 

Art. 52. No member of either house can, during the length of the 
session, be prosecuted or arrested in affairs of repression, except with 
the authorization of the house of which he is a member, unless in 
case of -flagrante delicto. 

The detention or prosecution of a member of either house is sus- 
pended during the entire length of the session, if the house requires it. 

Art. 53. Each house determines by its own regulations the mode 
according to which it exercises its attributions. 

Art. 54. Each house deliberates and adopts its resolutions sepa- 
rately, except in the cases expressly specified by the present Consti- 
tution. 

Art. 55. Each of the two houses has the exclusive right to exer- 
cise its own police through the medium of its president, who alone 
can, with the authorization of the house, give orders to the guard 
of service. 

Art. 56. No armed force can be posted at the doors or around 
either house without its consent. 

SECTION 1. — THE CHAMBEK OF DEPUTIES. 

Art. 57. The Chamber of Deputies is composed of deputies elected 
in the manner indicated below. 

Art. 58,^ The electoral body is, in each district, divided into three 
colleges, 

1 As amended 8/20 June 1884. 



ROUMANIA. 525 

Art. 59.^ All those constitute the first college, who, combining the 
other conditions demanded by the law, have a land revenue, rural 
or urban, of at least 1.200 francs. 

Art. 60.^ All those constitute the second college, who, combining 
the other conditions stipulated b}^ the law, have their domicile and 
their residence in the cities and pay the State an annual direct tax, 
of any kind whatever, of at least 20 francs. 

Exempt from the tax, income or property qualification {cens) in 
this college are: 

a. Those who practise a liberal profession. 

b. Retired officers. 

c. Pensioners of the State. 

d. Those who havie completed at least their primary education. 
All the urban conmiunes of a district form a single college with the 

chief town. 

Art. 61.^ All those constitute the third college, who are not electors 
in the first two colleges and who pay the State a tax, however small. 

The electors of this college, who have a rural land revenue of at 
least 300 francs and who can read and write, may vote at their will 
either directly for the deputy at the chief town or indirectly for the 
delegate in their commune, with the electors who do not know how 
to read or write and who do not have the required qualification. 

The following also vote directly, with exemption from the quali- 
fication : 

a. The schoolmasters of the village and the priests. ^ 

b. Those who pay an annual rent of at least 1,000 francs. 
Fifty electors elect one delegate. 

The mayor, the notary, the tax-collector, the chief of the garrison, 
as well as any other public functionary, can not be elected delegates. 
Art. 62.^ These three colleges elect directly in the following man- 
ner : 

The first college elects 2 deputies per district, except the dis- 
tricts of Ilfov, Jassy, Dolj, Buzeu, Mehedintsi, Prahova, Teleorman, 
Bacau. Putna. Botushani and Tutova, which elect as follows: Ilfov, 
5 deputies; Jassy and Dolj, -1 each; Buzeu, Mehedintsi, Prahova, 
Teleorman, Bacau, Putna, Botoshani and Tutova, 3 each. 

The second college elects as follows : Bucharest, 9 deputies ; 
Jassy, 7; Craiova and Ploesci, -t each; Braila, Turnu-Magurele, 
Bacau, Roman, Galatz, Focshani. Berlacl and Botoshani, 3 each; 
Buzeu, Giurgiu, Hushi. Pitesci and Turnu-Severin, 2 each; the other 
cities, 1 each. 

The third college elects 1 deputy per district, except the dis- 
tricts of Ilfov. Dolj, Mehedintsi. Prahova, Buzeu, Bacau, Putna and 
Suciava, which elects 2 each. 

1 As amended 8/20 June 1884. 



526 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 63. The amount of tax each individual must pay to be elector 
or eligible {cens) can be determined justly only by the roll of taxes, 
the receipts or the tax-notices- delivered by the collectors of taxes for 
the preceding- year and for the current year. 

Art. 64. The electoral law determines all the other conditions re- 
quired to be elector, as well as the mode of the electoral operations.^ 

Art. 65. To be eligible it is necessary: 

a. To be Eoumanian by birth or to have received complete 
naturalization. 

h. To enjoy civil and political rights. 

c. To be 25 years of age or more. 

d. To be domiciled in Roumania. 

The electoral law determines the disqualifications. 
Art. 66. The members of the Chamber of Deputies are elected for 
4 years. 

SECTION 2. — THE SENATE. 

Art. 67.- For the Senate, the electoral body is divided in each dis- 
trict into two colleges. 

Art. 68.^ Those constitute the first college, who have a land reve- 
nue, rural or urban, of at least 2,000 francs per annum, with exemp- 
tion for the following persons : 

a. The former and present presidents or vice-presidents of each 
of the legislative houses. 

h. The former senators and deputies who have been members of 
two legislatures. 

c. Generals and colonels as well as those who have a grade assimi- 
lated to that of general or colonel. 

d. The former and present ministers or diplomatic representa- 
tives of the country. 

e. The former and present members or presidents of court, at- 
torneys-general before a court of appeal, presidents, members or at- 
torneys before the Court of Cassation. 

/. Those who have a diploma of doctor or licentiate in any 
specialty whatever and who have practised their profession during 
six years. 

g. The members of the Eoumanian Academy. 
Art. 69.^ The second college consists of all the direct electors of the 
cities and of the rural communes who have a land revenue, rural or 
urban, of 800 to 2,000 francs, as well as the merchants or manufac- 
turers who pay a license of the first and second class. 

1 The electoral law dates from 9/21 June 1884, but It has been amended at least four 
times (1903, 1904, 1906 and 1907). 

2 As amended 8/20 June 1884. 



KOUMANIA. 527 

The following- persons are exempt from the qualifictition (ceiu) in 
this college: 

a. Those wlio possess a doctor's diploma in any specialty what- 
ever or any other title equivalent to that of doctor emanating from 
a special superior school. 

h. Licentiates in law, in letters, in philosophy or in sciences. 

c. Former and present magistrates who have served during six 
years. 

d. Engineers, architects, pharmacists and veterinarians Avho 
have diplomas. 

( . Professors of State schools in the cities or of secondary schools 
recognized by the State. 

/. Pensioners who receive a pension of at least 1,000 francs per 
annum. 

Art. 70.^ Each of these two colleges votes separately. 

The first college elects 2 senators per district. 

The second college elects 1 senator per district, except the fol- 
lowing districts which elect as follow^s: Ilfov, 5; Jassy, 3; Braila, 
Covurlui, Dolj, Prahova, Botoshani, Tutova, Teleorman, Mehedinsti, 
Buzeu, Bacau, Putna, Dimbovitsa, Romanatsi. Neamtsi, 2 senators 
each. 

Art. 71.^ Whatever may be the numbers of the sections of which 
the electoral college is composed, each elector votes for the number 
of representatives which the college of which he is a member should 
elect. 

Art. 72.^ The electoral operation of each college for the Chamber 
and the Senate shall be made in a single day. 

Art. 73. The Universities of Jassy and of Bucharest each send 
to the Senate a member chosen by the professors of the respective 
universities. 

Art. 74. In order to be able to be elected senator, it is necessarj^ : 

1. To be Roumanian by birth or naturalization. 

2. To enjoy civil and political rights. 

3. To be domiciled in Roumania. 

4. To be at least 40 years old. 

5. To have an income, of any nature whatever, of 800 ducats 
[about $1,880], determined in the manner provided for in Article 63. 

Art. 75.^ The following are exempt from this qualification {cens) : 
a. The former presidents or vice-presidents of one of the legisla- 
tive houses. 

Z/. The former deputies and senators who have been members of 
two legislatures. 

1 As amended 8/20 June 1884. 



528 coisrsTiTUTioisrs of the states at wae. 

c. Generals and those of like rank. 

d. Colonels, retired or unattached. 

e. Former and present ministers or diplomatic representatives 
of the country. 

/. Those who have occupied for three years the office of mem- 
ber of a court, or for one year those of president of the court, attor- 
ney-general, attorney or member of the Court of Cassation. 

g. Those who have a diploma of doctor or licentiate in any spe- 
cialty whatever and who have practised their profession for at least 
six years. 

A. The members of the Roumanian Academy. 
Art. 76. The following are ex-offtcio {de droit) members of the 
Senate : 

1. The heir to the throne, at the age of 18 years, with a delibera- 
tive voice only at 25 years. 

2. The metropolitans and diocesan bishops. 

Art. 77.^ The senators and deputies receive per diem indemnity 
during the length of the session. 

Art. 78.^ The members of the Senate are elected* for eight years 
and are renewed by halves every four years by lot. 

The rules of the Senate shall fix the drawing of lots in such a 
manner that the elimination shall be divided among all the districts. 

Art. 79. The retiring members are reeligible. 

Art. 80. In case of dissolution, the Senate is renewed integrally. 

Art. 81. Every meeting of the Senate held outside of the time of 
the session of the Chamber of Deputies is null ipso facto. 

CHAPTER II. the KING AND THE MINISTERS. 

SECTION 1. THE KING. 

Art. 82. The constitutional powers of the King are hereditary in 
the direct and legitimate lineage of His Highness, King Charles I 
of Hohenzollern-Sigmaringen, from male to male, by order of primo- 
geniture and to the perpetual exclusion of the females and their 
lineage. 

The descendants of His Highness, King Charles I, shall be brought 
up in the Eastern Orthodox Religion. 

Art. 83. In default of masculine lineage in direct line from His 
Highness, King Charles I of Hohenzollern-Sigmaringen, the suc- 
cession to the throne shall revert to the oldest of his brothers or their 
descendants, according to the rules established in the preceding 
article. 



lAs amended 8/20 June 1884. 



ROUMANTA. 529 

If there exists no longer any of these brothers or their descendants, 
or if they decLare beforehand that they will not accept the throne, 
the King may then choose his successor in one of the sovereign dynas- 
ties of Europe, with the assent of the national representation given 
in the form prescribed by Article 84. 

If neither of these two cases takes place, the throne shall be con- 
sidered vacant. 

Art. 84. In case of vacancy of the throne, the tw^o houses unite 
immediately in one single assembly, even without convocation, and, 
within eight days at most from the date of their assembling, they 
elect a King in one of the sovereign dynasties of western Europe. 

To be able to proceed to this election the presence of tliree fourths 
of the members who compose each of the two houses and a majority 
of two thirds of the members present are necessary. 

In the case where the election shall not have been made within the 
period prescribed above, the ninth day, at noon, the houses reunited 
shall proceed to the election, whatever the number of the members 
present, and by the absolute majority of votes. 

If the houses are dissolved at the moment of the vacancy of the 
throne, they shall proceed as it is prescribed in the article below. 

During the vacancy of the throne, the united houses shall name a 
royal lieutenantship composed of three persons, which shall exercise 
the royal powers until the accession of the King. 

In all the cases above indicated the vote shall be by secret ballot. 

Art. 85. On the death of the King, the houses shall unite, even 
without convocation, ten days, at the latest, after the declaration of 
the death. 

If they have been dissolved before and the convocation has been 
made in the act of dissolution for a time later than the tenth day, 
the former houses shall resume their functions until the meeting of 
those who are to replace them. 

Art. 86. From the date of the death of the King until the taking 
of the oath by his successor to the throne, the constitutional powers 
of the King are exercised in the name of the Roumanian people by 
the ministers assembled in council and under their responsibility. 

Art. 87. The King is of age at 18 years. 

He takes possession of the throne only after having taken in the 
midst of the united houses the following oath : 

I swear to observe the Constitution and the laws of the Roumanian people, 
to maintain tlie national rights and the integrity of the territory. 

Art. 88. The King may. during his lifetime, name a Regency com- 
posed of three persons, which, after the death of the King, shall exer- 
cise the royal powers during the minority of the successor to the 
throne. This nomination shall be made with the consent of the 



530 CONSTITUTIONS OF THE STATES AT WAK. 

national representation, given in the form prescribed by Article 84 
of the present Constitution. 

The Regency shall exercise at the same time the tutelage of the 
successor to the throne during the minority of the latter. 

If, at the- death of the King, the Regency has not been named, and 
if the successor to the throne is a minor, the two houses united shall 
name a Regency, proceeding according to the forms prescribed by 
Article 84 of the present Constitution. 

The members of the Regency enter upon their functions only after 
having taken solemnly, before the two houses united, the oath pre- 
scribed by Article 87 of the present Constitution, 

Art. 89, If the King finds himself unable to reign, the ministers, 
after having caused this impossibility to be established legally, im- 
mediately convoke the houses. 

The latter name the Regency, which shall exercise at the same time 
the tutelage. 

Art, 90, No modification can be made in the Constitution during 
the Regency. 

Art. 91, The King can not be at the same time head of another 
State without the consent of the two houses. 

Neither of the two houses can deliberate on this question, if at least 
two thirds of the members which compose it are not present, and the 
decision can only be taken by the majority of two thirds of the votes 
of the members present. 

Art, 92, The person of the King is inviolable; his ministers are 
responsible. 

No act of the King can have effect, if it is not countersigned by a 
minister, who by that alone makes himself responsible. 

Art, 93, The King appoints and dismisses his ministers. 

He sanctions and promulgates the laws. 

He may refuse his sanction. 

He has the right of amnesty in political matters. 

He has the right to remit or reduce the punishment in criminal 
cases ; except what is decreed relative to the ministers.^ 

He can not suspend the course of proceedings or of decisions nor 
intervene in any manner in the administration of justice. 

He names or confirms in all the public offices. 

He can not create a new office without a special law. 

He makes the regulations necessary for the execution of the laws 
without the power ever to modify or suspend the laws themselves or 
dispense with their execution. 

He is head of the army. 

He confers the military grades, conforming to the law. 

He may confer the Roumanian decoration, conforming to the law. 

1 See Article 103 (below, p. 532). 



ROUMANIA. 531 

He has the right to coin money, conforming; to a special hxw. 

He conchides with foreign States conventions of commerce, of 
navigation, and others of the same nature; but in order that these 
acts may have obligatory force, it is necessary that they be first 
submitted to the legislative power and approved l)y it. 

Art. 94. The law fixes the civil list for the duration of each reign. 

Akt. 95. The Chamber of Deputies and the Senate meet without 
convocation on 15 November of each year, if the King has not con- 
voked them before. 

The duration of each session is three months. 

At the opening of the session, the King sets forth the state of the 
country in a message to which the houses respond. 

The King pronounces the closing of the session. 

He has the right to convoke the houses in extraordinary session. 

He has the right to dissolve the two houses either simultaneously 
or separatel3\ 

The act of dissolution should include the convocation of the 
electors within two months and of the houses within three months. 

The King can adjourn the houses; however, the adjournment can 
not exceed the term of one month nor be renewed in the same session 
without the assent of the houses. 

Art. 96. The King has only those powers granted to him by the 
Constitution. 

SECTION 2. THE MINISTERS. 

Art. 97. No one can be minister, if he is not Roumanian by birth 
or has not received naturalization. 

Art. 98. No member of the reigning family can be minister. 

Art. 99. If the ministers are not members of a house, they may 
take part in the debates there, but have not the right to vote. 

One minister, at least, must be present at the deliberations of the 
houses. 

The houses can require the presence of the ministers at their de- 
liberations. 

Art. 100. In no case can the verbal or written order of the King 
relieve a minister from responsibility. 

Art. 101. Each of the two houses and the King have the right to 
impeach the ministers and to arraign them before the High Court of 
Cassation and of Justice, which alone has the right to try them, in 
full bench, except in so far as shall be enacted by law as to the exer- 
cise of civil action by the injured party and except the crimes and 
offenses which ministers shall have committed outside of the exercise 
of their functions. 

The impeachment of ministers can be pronounced only by a two- 
thirds majority of the members present. 



532 CONSTITUTIONS OF THE STATES AT WAR. 

A law shall be presented at the next session to determine the cases 
of responsibility, the penalties to be inflicted on ministers and the 
mode of procedure against them, whether on accusation admitted by 
the national representation or on the suit of the injured parties.^ 

The accusation directed by the national representation against the 
ministers shall be sustained by it. 

The accusation directed by the King shall be sustained by the pub- 
lic prosecutor. 

Art. 102. Until this is provided for by the law anticipated by the 
preceding article, the High Court of Cassation and of Justice shall 
have power to characterize the crime and determine the penalty. 

However, the penalty can not be made stronger than imprisonment, 
without prejudice to cases provided for by the penal laws. 

Art. 103. The King can remit or reduce the penalty applied to the 
ministers by the High Court of Cassation and of Justice only on the 
request of the house which has impeached them. 

CHAPTER III. THE JUDICIAL POWER. 

Art. 104. No jurisdiction can be established except by virtue of a 
law.^ 

Extraordinary commissions and tribunals can not be created under 
any pretext or under any denomination whatever. 

There is one single Court of Cassation for all the Roumanian 
State.3 

Art. 105.* The jury is established in all criminal matters and for 
political offenses and those of the press ; the suit for damages result- 
ing from acts and offenses of the press can not be brought except 
before the same jurisdiction. Only the commission of jurymen 
shall judge and decide on the damages and their amount. 

CHAPTER IV. DISTRICT AND COMMUNAL INSTITUTIONS. 

Art. 106. The district and communal institutions are regulated by 
the laws.^ 

Art. 107. These laws shall have for base a more complete adminis- 
trative decentralization and the communal independence. 

^ Law of 2/14 May 1879 on ministerial responsibility. 

2 Law of 9/21 July 1865 on the organization of the judiciary, amended many times. 
See Darbstb^ op. cit., p. 250, note 1. 

^ Law of 24 January/5 February 1861 creating a Court of Cassation, amended by the 
Law of 30 June/13 July 1905 and by the Law of 7/20 March 1906. 

^ As amended 8/20 June 1884. 

5 Law of 31 March/12 April 1864 on district councils, amended in 1885, 1886, 1894 
and 1905. Law of 23 July/4 August 1894 on the organization of urban communes, 
amended in 1905. Law of 26 April/9 May 1904 on the organization of rural communes. 



ROUMANIA. 533 

Title IV. — Finances.^ 

Art. 108. Every impost is established only for the profit of the 
State, of the district or of the commune. 

Art. 109. No impost for the profit of the State can be established 
or collected except by virtue of a law. 

Art. 110. No charges or imposition for the profit of the district 
can be established except with the consent of the council of the 
district. 

No communal charge or imposition can be established except with 
the consent of the communal council. 

The imposts voted by the district and communal councils must 
obtain the confirmation of the legislative power and the sanction of 
the King. 

Art. 111. No privileges may be established in the matter of 
imposts. 

No exemption or moderation of impost can be established except 
by law. 

Art. 112. No pension or gratuity at the charge of the public 
treasury can be granted except by virtue of a law. 

Art. 113. Each year the Chamber of Deputies decrees the law of 
accounts and votes the budget. 

All the receipts and expenditures of the State must be carried in 
the budget and in the accounts. 

The budget shall always be presented to the Chamber of Deputies 
a year before its application, and it shall be definitive only after 
having been voted by it and sanctioned by the King. 

If the budget has not been voted in time, the executive power 
shall provide for the public services, in conformity to the budget of 
the preceding year, without powers, however, to apply this budget 
more than one year beyond the year for which it has been voted. 

Art. 114. The final regulation of the accounts shall be presented 
to the Chamber at the latest within the period of two years counting 
from the close of each fiscal period (exercice) . 

Art. 115. The financial laws shall be published in the official 
bidletin as are the other laws and regulations of public adminis- 
tration. 

Art. 116. There is for all Roumania a single Court of Accounts.^ 

Art. 117. The various foundations providing hitherto special 
funds, of which the government disposes by different rights, shall 
be included in the general budget of the revenues of the State 

1 Law of 5/17 March 1897 on the organization of the financial administration of the 
Slate. 

2 Law of 28 January/9 February 1895 on the organization of the High Court of 
Accounts. 



534 CONSTITUTIONS OF THE STATES AT WAR. 

Title V. — The Armed Force. 

Art. 118.^ Every Koumanian is a part of one of the elements of 
the armed force, conformably to the special laws." 

Art. 119. Soldiers can be deprived of their grades, honors and 
pensions only by virtue of a judicial sentence and in the cases de- 
termined by the laws. 

Art. 120. The contingent of the army is voted annually. 

The laws which fixes this contingent has force only for one year. 

Art. 121.^ The national guard is and remains abolished. 

Art. 122. No foreign troops can be admitted to the service of the 
State, occupy or traverse the territory of Koumania, except by virtue 
of a law. 

Title VI. — General Provisions. 

Art. 123. The colors of Koumania remain, as in the past, blue, yel- 
low and red. 

Art. 124. The city of Bucharest is the capital of Koumania and the 
seat of the government. 

Art. 125. No oath can be imposed except by virtue of the law 
which shall also at the same time determine the formula thereof. 

Art. 126. No law or regulation of general, district or communal 
administration can have obligatory force until after having been 
published in the form determined by the law. 

Art. 127. The Constitution can not be suspended in whole or in 
part. 

Title VII. — ^Ttie Revision of the Constitution. 

Art. 128. The legislative power has the right to declare that there 
is occasion for the revision of such provision of the Constitution as 
it designates. 

After this declaration, read three times fortnightly in public meet- 
ing and approved by the two houses, the latter are dissolved ipso facto 
and they shall be convoked anew within the period prescribed by 
Article 95. 

The new houses determine, in common accord with the King, upon 
the points submitted to revision. 

In this case, the houses can not deliberate, if at least two thirds of 
the members who compose each of them are not present, and no 
change shall be adopted, if at least two thirds of the votes do not 
agree. 

lAs amended 8/20 June 1884. 

2 See below the note under Article 131, No. 9. 



KOUMANIA. 535 

Title VIII. — Transitory and Supplementary Provisions. 

Art. 129. From the day when the Constitution shall be executory, 
all laws, decrees, regulations and other acts which are contrary are 
abrogated. 

Art. 130.^ The Council of State, with the attributions of admin- 
istrative contest, can not be reestablished. 

The Court of Cassation shall pronounce, as heretofore, on the con- 
flict of attributions. 

A permanent connnission shall be established which shall have no 
other attributions than to study and elaborate projects of law and 
the rules of public administration. 

Under-Secretaries of State shall be appointed. They shall have 
power to take part in the debates of the legislative bodies under the 
responsibility of the ministers. 

Art. 131.^ The following objects shall be provided for, in the 
shortest possible period, by separate laws : 

1. Administrative decentralization. 

2. The responsibility of the ministers and other agents of the 
executive power.- 

3. Measures proper to prevent the abuses of cumulation.^ 

4. The modification of the pension law. 

5. The conditions of admission and advancement in the admin- 
istrative offices. 

6. The development of the ways of communication. 

7. The exploitation of mines and forests. 

8. The rivers and streams navigable or available for rafts. 

9. The organization of the army,* the laws of advancement and 
retirement and the different positions of the officers. 

10. Military justice.^ 

All existing codes and laws shall be revised to be placed in agree- 
ment with the Constitution.® 

Art. 133.^ The lands of those formerly liable to statute-labor 
(clacasi), of their descendants newly married {insuratsi) and the 
inhabitants who have bought or shall buy in small lots from the 



lAs amended 8/20 June 1884. 

2 See the note under Article 101 (above, p. 532). 

' Law of 30 June/12 July 1890 prohibiting the cumulation of public offices. 

■* Law of 8/20 July 1882 on the recruiting of the army, amended in 1883, 1887, 1891, 
1898, 1900 and 1903. Law of 25 February/10 March 1900 on the administration of the 
army. Law of 22 May/3 June 1898 on the organization of the navy, amended in 
1906. 

5 Code of Military Justice of 27 April/9 May 1873. 

8 Civil Code of 1864. Code of Civil Procedure of 1865, revised in 1900. Penal Code 
of 1874. Code of Penal Procedure of 1864. Code of Commerce of 1887, amended in 
1895 and 1900. 



536 CONSTITUTIONS OF THE STATES AT WAR. 

property of the State are and shall be inalienable during 32 years, 
dating from the promulgation of this law. 

The power of alienating the land of their habitation shall however 
be granted by special laws to the inhabitants included within the 
radius of an urban commune. 

Inalienability is applied equally to the lands sold by the State in 
small lots on the territory of Roumania beyond the Danube. The 
exchanges of land for other lands do not enter into the prohibition 
of the present law. 

The exchanges referred to here can be made only against lands of 
the same extent and value.^ 

Additional Article.^ The provisions of the present Constitution 
shall be applied by special laws in tlie part of Roumania which is 
beyond the Danube. 

1 Law of 15/27 August 18(>4 regulating rural property. 

2 Added O'20 June 1884. See Daueste, op. cit., p. 255, uote 2. 



RUSSIA. 

The fundamental principle of government of Russia was pure 
autocracy until 1906. The political institutions had no root in what 
might be called the national rights of Russia, but were the results 
simply of administrative measures modified by the Czar at his pleas- 
ure. The first ukase announcing general i-e forms appeared on 12/25 
December 190-i. These reforms were to apply to certain definite 
points, such as religious liberty, liberty of the press, civil liberty, etc. 
Numerous ukases were promulgated in 1905 for putting into execu- 
tion a part of these reforms. On 6/19 August 1905 the Czar issued 
regulations for the election of a national representative body upon 
a restricted suffrage. This concession did not satisfy the liberal 
elements, and on 17/30 October an Imperial Manifesto promised : 

1. To grunt to the population the immutable guai'anties of civil liberty, 
upon the basis of real inviolability of person, of liberty of conscience, of speech, 
of assembly and of association. 

2. To permit the participation in the Duma of the Empire, as far as pos- 
sible within the brief period of time remaining before the convocation of the 
I>uiua and without interrupting the progress of the elections to that assembly, 
of those classes of the population who are now completely deprived of electoral 
riglits, leaving the further development of the principle of universal suffrage 
to the newly established legislative procedure. 

3. To establish, as an immutable rule, that no law shall become effective 
without the approval of the Imperial Duma, and that the representatives of 
the people be guaranteed the possibility of exercising an effective supervision 
as to the legality of the acts of the imperial authoi'ities.^ 

The liberal election law of 11/24 December 1905 - and the Funda- 
mental Laws of 23 April/6 May 1906 were steps toward the execution 
of these promises.^ 



FUNDAMENTAL LAWS OF 23 APRIL/6 MAY 1906.^ 

Article 1, The Russian Empire is one and indivisible. 
Art. 2. The Grand Duchy of Finland, forming an indivisible part 
of the Russian Empire, shall be governed in its internal affairs 

' This text is a free translation of the French text published in the Journal de St. 
Petersbourg of 4 November 1905. 

2 Soe note under Article 59 (below, p. 544). 

^ These introductory paragraphs are based upon W. F. Dodd^ Modern Constitutions 
(Chicago, 1909), vol. ii, p. 181, and F. R. Daeeste et P. Dareste, Les Constitutions 
modcrucs (3d edition, Faris, 1910), vol. ii, pp. 148-151. 

^ These laws constitute Part I of the Code {Svod) of laws of the Russian Empire. 
Translation based upon that in Doud, op. cit., pp. 182-195. French translation in 
Dareste, op. cit., pp. 151-163. German translation in Paul Posener, Die Staatsver- 
fassungeu des Erdhalls (Charlottenburg, 1909), pp. 801-816. 

8S3S1— 19 35 537 



538 CONSTITUTIONS OF THE STATES AT WAR. 

by special regulations established on the basis of a special legis- 
lature.^ 

Art. 3. The Russian language is the official language of the Empire 
and its use is obligatory in the army, the navy and all governmental 
and public institutions. The use of local languages and dialects in 
governmental and public institutions shall be regulated by special 
laws. 

Chapter I. — The Nature of the Supreme Autocratic Power. 

Art. 4. The Emperor of all the Russias wields the supreme auto- 
cratic power. To obey his authority, not only through fear, but for 
the sake of conscience, is ordered by God himself. 

Art. 5. The person of the Emperor is sacred and inviolable. 

Art. 6. The same supreme autocratic power shall belong likewise to 
the Empress when the succession to the throne falls to a person of 
the female sex according to the established order; but her consort 
shall not be considered as Emperor; he shall enjoy the honors and 
privileges enjoyed by the consorts of Emperors, but without the title. 

Art. 7. The Emperor is vested with the legislative power jointly 
with the Imperial Council and the Imperial Duma. 

Art. 8. The initiative in all legislative measures^ belongs to the 
Emperor. Only through his initiative may fundamental laws be sub- 
mitted to the Imperial Council and the Imperial Duma for dis- 
cussion. 

Art. 9. The Emperor sanctions the laws and without his approval 
no law shall be put into execution. 

^ When Finland was annexed to Russia in 1809, the Emperor Alexander I guaranteed 
the religion and the fundamental laws of the country. The fundamental laws thus 
guaranteed were the Swedish laws of 1772 and 1789, under which there existed a gen- 
eral Swedish Diet of four estates. A local Finnish Diet, containing representatives of the 
four estates, was at once convened, and accepted the Russian Emperor as Grand Duke 
of Finland. For about 90 years Finland retained its local institutions almost unim- 
paired, although the Diet was infrequently in session. According to a law approved by 
the Russian Emperor in 1869, no fundamental law could be enacted or altered without 
the consent of the estates. 

For some time before 1899 there had been a strong feeling among Russian officials 
that Finnish institutions should be assimilated to those of the rest of the Empire. When 
difficulty was apprehended in obtaining the passage of laws reorganizing the Finnish army 
and incorporating it with that of the Empire, the Emperor on 16 February 1899 issued a 
manifesto by which he withdrew from the Finnish Diet all power to legislate upon 
matters of " general interest and importance for the Empire." 

This step and others during the several succeeding years, tending to destroy the in- 
dependence of the Grand Duchy, were vigorously opposed by the Finnish people. In 
consequence of a general strike in October 1905, the Russian government was forced to 
yield. An Imperial Manifesto of 4 November 1905 annulled the obnoxious laws and con- 
vened the Finnish Diet. On 10 May 1906 a bill for the reform of representation in the 
Finnish Diet was approved by the Emperor and adopted by the Diet, By this law the 
Diet was organized into a single chamber of 200 delegates, of whom 60 formed a grand 
committee, somewhat similar to the Norwegian Lagthing. Members of the Diet are elected 
by direct universal suffrage, the right to vote being given to men and women who have 
attained the age of 24 years. The Diet holds annual sessions and its members are elected 
for three years upon a system of proportional representation. 

2 But not the exclusive power of initiation with respect to ordinary legislation ; see 
Article 65 of this law (below, p. 545). 



russiA. 539 

Art. 10. The administrative power in all its extent belongs to the 
Emperor Avithin the limits of the entire Russian Empire. The Em- 
peror acts directly in matters of supreme government ; in subordinate 
governmental matters a certain degree of power may be entrusted by 
him, in accordance with the law, to the competent officers and per- 
sons acting in his name and by his orders. 

Art. 11. The Emperor, in the exercise of the supreme powers of 
government, issues, in conformity with the laws, ukases for the organ- 
ization and the putting into execution of various parts of the govern- 
mental administration, as well as orders necessary for the execution 
of the laws. 

Art. 12. The Emperor has supreme control of all relations of ths 
Russian Empire wnth foreigTi Powers. He likewise determines the 
course of the international policy of the Russian Empire. 

Art. 13. The Emperor declares war and concludes peace, as well as 
other treaties with foreign countries. 

Art. 14. The Emperor is the supreme chief of the Russian army 
and navy. He is vested w^ith the supreme command of all land and 
naval forces of the Russian Empire. He determines the organization 
of the army and of the navy, and issues ukases and orders concerning 
the disposition of the troops, the placing of troops on war footing, 
their instruction, the advancement of soldiers and everything bearing 
on the organization of the armed forces and the defense of the Rus- 
sian Empire. The Emperor likewise, in the exercise of his supreme 
power, determines limitations with regard to right of residence and 
acquisition of real property in localities forming part of fortified 
legions and points of support for the army and the navy. 

Art. 15. The Emperor declares localities to be in a state of war or 
in an exceptional state. 

Art. 16. The Emperor has the right to coin money and to deter- 
mine its form. 

Art. 17. The Emperor appoints and dismisses the president of the 
Council of Ministers, the ministers and the chiefs of separate depart- 
ments, as well as other officials for whose appointment and dismissal 
no other mode of procedure has been established by law. 

Art. 18. The Emperor, in the exercise of supreme power, estab- 
lishes the limitations demanded by the State service. 

Art. 19. The Emperor grants titles, decorations and other official 
distinctions, as well as rights of ownership. He determines the condi- 
tions and procedure for the granting of titles, decorations and dis- 
tinctions. 

Art. 20. The Emperor issues directly ukases and orders with re- 
gard to property forming his own personal possessions, as well as 
with regard to property, known as the Emperor's possessions, which 
belongs always to the reigning Emperor and which can not be willed, 



540 CONSTITUTIONS OF THE STATES AT WAR. 

divided or alienated in any way. The former as well as the latter 
possessions are not subject to taxation or to any other charges. 

Art. 21. The Emperor, as head of the imperial family, makes, in 
accordance with the rules governing the imperial house, provisions 
concerning the domains of the crown. He likewise determines the 
organization of the institutions belonging to the ministry of the 
imperial court, as well as the manner of their administration. 

Art. 22. The judicial power shall be exercised in the name of the 
Emperor by courts, established by law, whose decisions shall be issued 
in the name of the Emperor. 

Art. 23. The Emperor has the right to pardon condemned persons, 
to commute punishments and to pardon completely persons who have 
committed midemeanors or crimes, stopping proceedings against them 
and freeing them from trial and punishment, as well as to free them 
from all fines, through his imperial favor, and to grant privileges in 
special cases, which are not covered by general laws, in case no inter- 
ests or civil rights guaranteed by the law suffer through such action. 

Art. 24. The provisions of the Code (vol. I, pt. 1, edition of 1892) 
on the order of succession to the throne (Articles 3-lT), on the com- 
ing of age of the Emperor, on the regency and guardianship (Articles 
18-30), on the accession to the throne and the oath of allegiance 
(Articles 31-34 and Appendix V), on the holy coronation and the 
anointment (Articles 35 and 36), on the title of His Imperial Majesty 
and the arms of the Empire (Articles 37-39 and Appendix I) and 
on religion (Articles 40-46)^ maintain the force of fundamental 
laws.^ 



1 It may be of interest to give here the following translation of these articles on 
religion and the note appended to them : 

Art. 40. The religion which ranks first and dominates in the Russian Empire is the 
Eastern Catholic Orthodox Christian Religion. 

Art. 41. The P^mperor reigning on the throne of all the Russias can not belong to any 
other religion than the Orthodox Religion. 

Art. 42. The Emperor, in the character of Christian prince, is the sovereign defender 
and protector of the doctrines of the dominant religion as well as the guardian of the 
orthodoxy and sacred discipline in the Church. 

Art. 43. He exercises autocratic ecclesiastical power with the aid of the directing 
Holy Synod appointed by him. 

Art. 44. All the subjects of the Russian Empire, by birth or naturalization, as well 
as foreigners in the service of Russia or temporarily residing in Russia, who do not 
belong to the dominant religion, enjoy in all places the free exercise of their religion 
and of the particular ceremonies of their cult. 

Art. 45. Religious freedom belongs not only to Christians of other confessions, but 
even to Jews, Mohammedans and pagans ; in order that all the peoples who inhabit 
Russia may glorify Almighty God in their different languages, in the religion and cult 
of their fathers, blessing the authority of the Russian monarchs and beseeching the 
Creator of the universe to increase the prosperity and to strengthen the Empire. 

Art. 46. The ecclesiastical affairs of Christians of other confessions and of non- 
Christians in the Russian Empire are administered by the spiritual heads of the different 
cults and by the special authorities instituted for this purpose by the supreme power. 

Note. — The rule concerning the observance of religious tolerance and the limits of this 
tolerance form the object of detailed provisions contained in the various ustcws. 

2 German translation of all of these articles of the Code in Posener, op. cit., pp. 
803-811. 



RUSSIA. 541 

Art. 25. The provisions concerning the imperial family (Code, 
vol. I, pt. 1. edition of 1892, Articles 82-179, and Appendices II-IV 
and VI), continuing to have the force of fundamental laws, may be 
amended and supplemented only by the Emperor himself in accord- 
ance with the procedure established by him, if the amendments and 
supplements to such provisions do not encroach upon general laws 
and do not require any new expenditures from the public treasury. 

xVrt. 26. The ukases and orders of the Emperor, issued directly by 
him or according to the procedure of the higher administration, shall 
be countersigned by the president of the Council of Ministers or by 
the competent minister or by the head of an administrative branch, 
and shall be published by the Senate. 

Chapter II. — The Rights and Duties of Russian Subjects. 

Art. 27. The conditions for the acquisition and loss of Russian 
citizenship shall be regulated by law. 

Art. 28. The defense of the throne and of the country is the sacred 
duty of every Russian subject. The entire male population, without 
distinction of classes, is liable to military service in accordance with 
the terms of the law. 

i^RT. 29. All Russian subjects are under the obligation to pay the 
taxes and dues established by law, and to fulfill all other legal obliga- 
tions imposed by law. 

Art. 30. No one shall be prosecuted for criminal offenses in any 
other manner than that established by law. 

Art. 31. No one shall be arrested except in the cases determined 
by law. 

Art. 32. No one shall be tried and punished except for criminal 
offenses provided for by penal laws in force at the time they were 
committed, unless new laws exclude the actions committed by the 
culprit from the category of criminal offenses. 

Art. 33. The domicile 'of everyone is inviolable. Domiciliary 
searches without the consent of the owner, seizures and confiscations 
shall take place only in the cases and in the manner provided by law. 

Art. 34. Every Russian subject shall have the right to select his 
place of abode and his occupation, to buy and sell property and to 
depart from the territory of the Empire without molestation. Lim- 
itations upon these rights are established by special laws. 

Art. 35. Property is inviolable. Expropriation of real property, 
when such is necessary for the public good or for the State, shall 
take place only for an equitable and adequate indemnification. 

Art. 36. Russian subjects have the right to assemble peacefully 
and without arms, for purposes not contrary to the laws. The law 



542 CONSTITUTIONS OF THE STATES AT WAR. 

determines the conditions under which these meetings may be held, the 
manner of closing them and likewise the limitation as to the locali- 
ties where they may take place.^ 

Art. 37. Everyone shall have the right, within the limits pre- 
scribed by law, to express his thoughts orally, in writing, through 
the press or by other means. 

Art. 38. Eussian subjects have the right to form societies and asso- 
ciations for purposes not contrary to the laws. The conditions for 
their formation, their mode of functioning, the conditions to be ful- 
filled in order to obtain juridical personality, as well as the manner of 
dissolving societies and associations, are regulated by law.^ 

Art. 39. Eussian subjects shall enjoy liberty of conscience. The 
conditions under which this liberty is enjoyed shall be determined 
by law. 

Art. 40. All foreigners residing in Eussia shall enjoy the saioae 
rights as Eussian subjects within certain limitations established by 
law. 

Art. 41. Exceptions from the provisions of this chapter, with re- 
gard to localities in a state of war or in an exceptional state, shall be 
indicated in special laws. 

Chapter III. — The Laws. 

Art. 42. The Eussian Empire shall be governed in accordance with 
the immutable principal of law, promulgated according to the estab- 
lished procedure. 

Art. 43. The laws are binding upon all Eussian subjects without 
exception and upon all foreigners residing in Eussia. 

Art. 44. No new law shall be promulgated without the approval of 
the Imperial Council and of the Imperial Duma nor become effective 
without the sanction of the Emperor. 

Art. 45. During the recess of the Imperial Duma, if extraordinary 
circumstances require the adoption of a measure which should be made 
the subject of legislative deliberation, the Council of Ministers may 
present such a measure directly to the Emperor. Such a measure 
shall not, however, introduce any changes in the fundamental laws 
of the Empire or in the organization of the Imperial Council or of 
the Imperial Duma or in the electoral laws for the Council and the 
Duma. The legal force of such a measure ceases, if it is not submitted 
to the Imperial Duma, within two months after that body has re- 
sumed its work, bj' the competent Ininister or by the head of an 

1 Temporary law on assemblies, of 4/17 March 1906. 

2 Temporary law on associations and unions, of 4/17 March 1906. 



RUSSIA. 543 

administrative branch, in the form of a project of law ; or if such 
measure is rejected by the Imperial Council or the Imperial Duma. 

Art. 46. Laws enacted for a certain locality or for a cei'tain part 
of the population are not repealed by new general laws, unless such 
new laws specificall}' repeal them. 

Art. 47. Every law shall have force only for the future, except in 
the cases when it is stated in the law itself that it is retroactive, or 
that it is only a confirmation or explanation of the sense of a law 
already existing. 

Art. 48. The custody of the laws is entrusted to the Senate. For 
this reason every law shall be sent in the original or in a certified 
copy to the Imperial Senate. 

Art. 49. The laws are published by the Senate in the established 
order, and are not in force until such publication. 

Art. 50. Legislative measures shall not be published, if the pro- 
cedure in enacting them does not correspond with the requirements 
of these fundamental laws. 

Art. 51. After its publication, the law becomes effective from the 
date fixed in the law itself and, should such a date not be fixed, from 
the day the publication of the Senate, in which the law is printed, 
reaches the various localities of the Empire. It may be provided in 
the law itself that, until its publication, it may be put into execution 
by telegraph or by couriers. 

Art. 52. A law shall not be repealed in any other way except by 
a new law. Therefore, until the existing law has been expressly re- 
pealed by a new law, it remains in force. 

Art. 53. No one may plead ignorance of the law. after the law has 
been published in accordance with the established order. 

Art. 54. Eegulations concerning building, technical and economic 
departments, as well as orders and regulations issued to institutions 
and officers of the military and naval departments, after having been 
axamined by the Military Council or the Admiralty Council, shall 
be submitted directly to the Emperor, if such regulations, orders and 
measures concerning the above-mentioned departments do not en- 
croach upon the general laws and do not require new expenditures, 
or if the expenditures required are covered by the expected economies 
realized in the military and naval budgets respectively. In the case 
when the new expenditure can not be covered by the above-mentioned 
economies, such orders, regulations and measures shall be submitted 
to the Emperor only after the necessary credit has been demanded in 
accordance with the established forms. 

Art. 55. Regulations regarding militar}' and naval courts shall be 
issued in accordance with the forms established in the military and 
naval law. 



544 CONSTITUTIONS OF THE STATES AT WAR. 

Chapter IV. — The Imperial Council, the Imperial Duma and 
THE Mode of Their Activity. 

Art. 56. The Imperial Council and the Imperial Duma shall be- 
convened annuall}^ by ukase of the Emperor. 

Art. 57. The duration of the annual session of the Imperial Coun- 
cil and of the Imperial Duma and the dates for adjournments during 
the year shall be fixed by ukase of the Emperor. 

Art. 58. The Imperial Council shall be composed of members 
appointed by the Emperor and members chosen by election. The 
total number of members of the Imperial Council, appointed by the 
Emperor and summoned to the Council, shall not exceed the num- 
ber of members chosen by election.^ 

Art. 59. The Imperial Duma shall be composed of members elected 
b}' the population of the Russian Empire for a term of five years, in 
accordance with the principles established by the laws regulating the 
elections to the Imperial Duma.^ 

1 The Imperial Council as a legislative body was instituted by the Imperial Ukase of 
20 February/o March 1906, superseded by the Ukase of 24 April/7 May 1906. There is a 
French translation of the latter in Dareste^ op. cit., pp. 171—180. The elected members of 
the Council are chosen by: (1) The clergy of the Russian Orthodox Church; (2) the pro- 
vincial zemstvos ; (3) the assemblies of the nobility ; (4) the Imperial Academy of Science 
and the imperial universities ; (5) the council of trade and commerce, the Moscow section 
of such council, the local committees of commerce and manufactures, committees of ex- 
change and boards of trade. The Russian Orthodox Church chooses 6 members ; each pro- 
vincial zemstvo, 1 ; the assemblies of the nobility, 18 ; the Imperial Academy of Science 
and the universities together, 6 ; the council of trade and commerce together with commit- 
tees of commerce and boards of trade elect 12 members. All of these elections take place 
indirectly by means of electoral colleges for each of the 5 classes of electors, each class 
choosing its members in a separate electoral body. The elected members of the Imperial 
Council are chosen for 9 years, in such a manner that one third of each class shall retire 
every third year. 

- The Duma was instituted by the Imperial Ukase of 6/19 August 1905 and the first elec- 
tion regulations were issued on the same day. These i-egulations provided for indirect elec- 
tions with a limited suffrage. By manifesto of 17/30 October 1905 the Emperor promised 
an extension of the suffrage, and such extension was accomplished by the Ukase of 11/24 
December 1905. By this instrument the right to vote for electors in the urban electoral 
colleges was extended: (1) To all persons who for 1 year had owned or possessed a life 
estate in real property assessed for State or municipal taxes (under the August regulations 
there had been a tax qualification of from 500 to 3,000 rubles for this class of voters) ; (2) 
to all persons who for 1 year had conducted a commercial enterprise for which an in- 
dustrial certificate was required ; (3) to persons who had resided within the town and 
paid a lodging tax for 1 year; (4) to persons who for 1 year had paid a tax on personal 
industry ; (5) to persons occupying, for the period of 1 year, an apartment rented in 
their own names ; (6) to persons receiving certain State or local pensions. Laborers, 
who, by the election regulations of 6/19 August 1005. were practically excluded from the 
right to vote, were permitted by the Ukase of 11/24 December to choose electors to the 
provincial and urban electoral colleges. As the peasants had already been granted the 
right to vote, the December regulations went far toward establishing universal male 
suffrage. The system of indirect elections was retained and was extended in the case 
of the new electoral class of laborers. The Ukase of 20 February/5 March 1906 provided 
for the internal organization and procedure of the Duma. There is a French transla- 
tion of this Ukase in Dareste, op. cit., pp. 164-171. 

Under the above-mentioned provisions the first Duma assembled on 27 April/10 May 

1906 ; it was dissolved on 9/22 July 1906. The second Duma met on 20 February/5 March 

1907 ; it was dissolved on 3/16 June 1907, because of its failure immediately to surrender, 
upon the demand of the government, 55 social democratic members accused of plotting 
against the government ; the third Duma met on 1/14 November 1907. In violation of 



RUSSIA. 545 

Art. 00. The Imperial Council examines the credentials of its 
members chosen by election. The Imi)eri;il Duma examines in a like 
manner the credentials of its nieml)ers. 

Airr. 61. Xo one shall be at the same time a member of the Imperial 
Council and a member of the Imperial Duma. 

Art. 62. The members of the Imperial Council chosen by election 
ma}'^ be replaced by new members before the expiration of their man- 
date, b}' ukase of the Emperor, which shall at the same time order 
new elections of members to the Imperial Council. 

Art. 6.3. The Imperial Duma may be dissolved by ukase of the 
Emperor before the expiration of the quinquennial mandate of its 
members. The same ukase shall order new elections of members to 
the Imperial Duma and shall fix the time of its meeting. 

Art. 64. The Imperial Council and the Imperial Duma enjoy equal 
richts in matters of legislation. 

Art. 05. The Imperial Council and the Imperial Duma, in the 
course of their functions as determined by the laws establishing them, 
have the right to propose the amendment *or repeal of existing laws 
or the enactment of new laws, with the exception of the fundamental 
laws of the Empire, the initiative foi- the revision of which belongs 
exclusively to the Emperor. 

Art. 66. The Imperial Council and the Imperial Duma, in the 
course of their functions as determined by the laws establishing 
them, have the right to demand explanations from the ministers and 
from the heads of administrative branches, subordinate to the Sen- 
ate, with regard to actions of apparent illegality on their part or on 
the part of officers subordinate to them or to their offices. 

Art. 67. The Imperial Council and the Imperial Duma shall have 
power, in the course of their functions as determined by the laws 
establishing them, to deliberate concerning all matters placed within 
their authority by the laws creating these bodies. 

Art. 68. Projects of law shall be discussed in the Imperial Duma, 
and upon its approval shall be submitted to the Imperial Council. 
Projects of law. elaborated by the Imperial Council, shall be dis- 
cussed in the Council and upon its approval shall be submitted to the 
Imperial Duma. 

Art. 69. Projects of law not adopted by the Imperial Council or 
by the Imperial Duma shall be considered as rejected. 

the fundamental laws, the Emperor, at the time of dissolving the second Duma, issued a 
new election law. By this law elections were to be held by distinct classes of voters. 
The classes are: (1) Landed proprietors; (2) urban electors, divided into 2 classes 
according to the amount of taxes which they pay; (3) peasants; (4) laborers. The 
landed proprietors and the richer classes gained an Increased influence in the elections ; 
the influence of peasants and laborers was reduced. The large industrial centers lost 
their special representation. The total number of representatives was reduced from 524 
to 442, the curtailment being principally in the non-Russian portions of the Empire ; the 
Polish representation was reduced from 40 to 14. 



546 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 70. Projects of law, elaborated by the Imperial Council or 
by the Imperial Duma, and not approved by the Emperor, shall not 
again be presented in either of these bodies for consideration during 
the same session. Projects of law, elaborated by the Imperial Coun- 
cil or by the Imperial Duma and rejected by one of these bodies, 
may be again presented to these bodies for consideration during the 
same session, if the Emperor should order it. 

Art. 71. Projects of law, presented to the Imperial Duma and 
approved by the latter and by the Imperial Council, and projects of 
law, elaborated by the Imperial Council and approved by the latter 
and by the Imperial Duma, shall be submitted to the Emperor by 
the president of the Council of Ministers. 

Art. 72. In the revision of the budget, the sums destined for the 
covering of government loans and other indebtedness contracted hj 
the Russian Empire shall not be excluded or curtailed. 

Art. 73. Credits for the expenses of the ministry of the imperial 
court, as well as those for the institutions subordinate thereto, in sums 
not exceeding those assigned in the budget of .1906, shall not be sub- 
mitted for discussion before the Imperial Council or the Imperial 
Duma. Likewise, changes made in the above-mentioned credits by 
virtue of the regulations regarding the imperial family, on account of 
changes made in such regulations, shall not be subject to discussion 
either in the Imperial Council or in the Imperial Duma. 

Art. 74:. Should the budget not be approved before the beginning of 
the fiscal year, the last budget approved according to the legal forms 
shall remain in force with only the modifications introduced by laws 
passed since its establishment. Until the publication of the new 
budget, credits may be gradually opened by order of the Council of 
Ministers and placed at the disposal of the various ministers and 
principal branches of administration in amounts absolutely neces- 
sary, which shall not, however, exceed one twelfth of the total amount 
of the expenditures fixed by the budget. 

Art. 75. Extraordinary credits for the needs in time of war and for 
special preparation preceding war may be opened in all branches 
of the government, by virtue of the powers of the supreme admin- 
istration in the manner prescribed by law. 

Art. 76. Government loans to cover ordinary budgetary and ex- 
traordinary expenditures may be granted in accordance with the pro- 
cedure established for the approval of the budget of expenditures and 
revenues of the Empire. Government loans for the purpose of cover- 
ing expenditures, in cases and within the limits provided by Article 74, 
as well as loans for the purpose of covering expenditures mentioned 
in Article 75, may be authorized by the Emperor, by virtue of the 
powers of the supreme administration. The duration and conditions 



RUSSIA. 547 

of loans are fixed by virtue of the powers of the supreme administra- 
tion. 

Art. 77. If the project giving the number of men necessary for the 
recruiting of the army and the navy has been submitted in time to 
the Imperial Duma and a law regarding this matter shall not have 
been enacted in the regular manner by 1 May, the Emperor may, by 
ukase, call to the colors the necessary number of men; this number, 
however, shall not exceed that recruited in the previous year. 

Chapter V. — The Council of Ministers, the Ministers and the 
Heads of Administrative Branches. 

Art, 78. The direction and unification of the actions of the min- 
isters and of the heads of administrative branches in matters bearing 
upon legislation as well as in the higher governmental administration 
shall belong to the Council of Ministers and shall be based on prin- 
ciples determined by law.^ 

Art. 79. The ministers and heads of administrative branches have 
the right to vote in the Imperial Council and in the Imperial Duma 
only if they are members of these bodies. 

Art. 80. The obligatory orders, instructions and regulations, issued 
by the Council of Ministers, by the ministers and the heads of admin- 
istrative branches, as well as by other persons authorized by law to 
take such action, shall not be in violation of the law. 

Art. 81. The president of the Council of Ministers, the ministers 
and the heads of administrative branches shall be responsible to the 
Emperor for the general coarse of the governmental administration. 
Each of them shall be individually responsible for his actions and 
orders. 

Art. 82. The president of the Council of Ministers, the ministers 
and heads of administrative branches incur the civil and criminal 
responsibility, in accordance with the provisions of the law, for all 
criminal offenses committed in the discharge of their duties. 

^ The Council of Ministers was organized by the Imperial Ukase of 19 October/l Novem- 
ber 1905. The president of the Council has the right to require information from all 
other ministers and to represent the general administration in the Imperial Council and 
the Imperial Duma. No general administration measure can be adopted without the 
action of the Council of Ministers. 



SAN MARINO. 

Embraced in the area of Italy is the independent Republic of San. 
Marino, which claims to be the oldest State in Europe. Its institu- 
tions go back to the remotest times and were founded on no written 
document. The Af^^nngo, or assembly of the heads of families, which 
was sovereign, delegated its powers in 1652 to the Great Council 
(generale Consiglio Pnncipe) of 60 members who since that time 
have been chosen by coon;tion, 20 from among the nobility, 20 from 
the citizens of the town and 20 from the inhabitants of the rural dis- 
trict. This Council elected two of its members Regents (Capitani 
reggenti) . whose offices, purely gratuitous, expired every six months. 
The popular election of councilors instead of the more ancient 
method was brought about as a result of the convocation of the 
Arringo generale^ which met on 25 March 1906 and pronounced it- 
self by a great majority in favor of the reform. An " Electoral Regu- 
lation for the General Election of the Prince and Sovereign Coun- 
cil " was adopted on 5 May 1906 and the first elections took place 
on 10 and 17 June 1907. On 24 July 1907 the Council took the name 
of Grand General Council and the quorum was reduced from 40 to 
30. A smaller council consists of 12 members and is divided into 4 
sections : Congresso Economico dl Stato, Congresso del Leg all., Con- 
gresso degli Studi, Congresso Militare. The law given below supple- 
ments and modifies the provisions contained in the Electoral Regu- 
lation of 5 May 1906 and is included here, because it contains prin- 
ciples of a constitutional character. All the successive governments 
in Italy have respected the independence of the Republic of San 
Marino.^ 



LAW or 29 AUGUST 1907.2 
On the Election or Members of the Grand Council. 

CHAPTER I. conditions REQUIRED OF ELECTORS. 

Art, 1. All native or naturalized citizens of San Marino are 
electors. 

1 This introductory paragraph is based upon F. R. Dareste et P. Dareste^ Lcs Con- 
stitutions modernes (3d edition, Paris, 1910), vol. i, pp. 757-758. 

2 Promulgated by decree of the Grand Council of 10 September 1907. Translated by 
Julia K. Kernan from the French translation in the Annuaire de legislation etrangere, 
37 (1907) : pp. 498-505. See the Electoral Regulation of 5 May 1906 in the Annuaire 
de legislation etrangere, 36 (1906) : pp. 355-359. 

549 



550 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 2. The following are deprived of the right to vote : (a) women ; 
(h) persons prohibited from and incapable of voting by reason of 
mental infirmity; (c) individuals permanently or temporarily de- 
prived of their full judicial capacity, and those condemned to punish- 
ment for crimes {reati) or for electoral corruption. 

Art. 3. The elector shall exercise his right to vote only in the 
parish wherein he has his civil domicile; and, should he remove 
therefrom outside of the territory of the Republic, he shall exercise 
his political rights in the parish wherein he had his last domicile or 
his last residence, the choice of the parish wherein the voting shall 
take place being permitted only to those electors whose last domicile 
or last residence it is impossible to determine, provided that they 
make the request to the registrar general after 1 January and before 
15 February of each year. 

chapter ii. formulation of the euectoral lists. 

Arts. 4^7.^ 

chapter iii. the electoral districts. 

Art. 8. For the elections the territory of the Republic is divided 
into as many electoral districts as there are parishes. 

Art. 9. Each parish has the right to elect a number of councilors 
proportionate to the number of its inhabitants, namely: 

Parish. Councilors. 

Metropolitan (della Pieve) 12 

The Borgo 10 

Seravalle 12 

Faetano 6 

Montegiardino 4 

Chiesa nuova 4 

Acquaviva , 4 

Domagnano . 4 

Fiorentino 2 

San Giovfinni 2 

Art. 10. There may be elected from each parish not only those who 
have their domicile therein, but also those domiciled in any other 
parish whatever of the Republic. 

chapter iv. procedure for voting. 

Arts. 11-28.^ 

chapter v. verification of the elections. 

Arts. 29-36.^ 

1 These articles contain merely technical details and are therefore omitted. 



SAN MARINO. 551 

CHAPTER VI. CONDITIONS OF ELIGIBILITY. 

Art. 37. Independently of the other general conditions required of 
electors and mentioned in xlrticles 1 and 2, the following require- 
ments are exacted and indispensable for eligibility: 

a. To be able to read and write. 

h. To have reached the age of 25 years. 

c. To have no ecclesiastic character. 

d. To be domiciled in the Republic. 

Art. 38. The following can not be councilors simultaneously: 
Father and son, or two brothers living together and not having 
divided their common property or patrimonial estate. 

In verifying simultaneous elections, that of the candidate obtain- 
ing the greatest number of votes is considered valid. In case of 
successive elections, the mandate obtained by the first is a cause of 
ineligibility for the second. 

chapter VII. RENEWAL OF THE COUNCIL. 

Art. 39. The council is renewed by thirds every three years. 

For the first two triennial periods (counting from the general 
elections of 10 June 1906), the end of the mandate shall be deter- 
mined by drawing lots; after which the determining factor shall be 
seniority. 

The councilors going out of office may always be reelected. 

Art. 40. If, in the course of a triennial period, a seat becomes 
vacant for any cause whatsoever, a new election shall not take place 
immediately, unless the number of councilors lacking is more than 
one twelfth of the entire assembly. If this last contingency does 
not arise in the course of the first two triennial periods, the third 
of the number of councilors to be drawn by lot shall be diminished 
by a corresponding number of vacant seats. 

When the end of the mandate is determined by seniority, the third 
to be renewed is, on the contrary, increased by a corresponding num- 
ber of vacant seats, and the last elected in excess of the third of the 
entire assembly shall replace those who shall have left the Council 
at the first renewal. 

The same plan of renewal shall be followed in case it becomes 
necessary to replace five or more councilors, who have vacated their 
seats during the course of a triennial period. 

Art. 41. Complementaiy elections shall not be held, even in the 
case covered by the preceding article, if the councilors shall vacate 
their seats during the last six months of the triennial period. 

Art. 42. In case the Council loses more than one half of its mem- 
bers through resignation or some other extraordinary cause, it shall 
be renewed integrally. 



552 CONSTITUTIONS OF THE STATES AT WAR. 

In such case it belongs to the Most Excellent Regency to convoke 
the electoral assemblies, to regulate and conduct to good issue all the 
electoral proceedings, in conformity with the present law, 

CHAPTER VIII. GENERAL RULES. 

Art 43. The electoral assemblies are convoked by decree of the 
Council and are notified to the public at least one month before the 
date of the convocation. 

Art. 44. The elector who removes his domicile and his residence 
into another parish has the right to be entered upon the electoral 
list of that place, on the condition that he address a request to that 
effect to the registrar general after 1 January and before 15 Feb- 
ruary. 

Art. 45. If, after a triennial or general renewal, the Captains 
Regents are deprived of their seats as councilors, they shall neverthe- 
less continue in office for the rest of the six months with the some 
powers and the same prerogatives. 

Art. 46. Without prejudice to the sanctions promulgated by Ar- 
ticles 478 and 479 of the Penal Code in force, the punishment pre- 
scribed by the latter article shall be applicable to all other attempts, 
against the free exercise of political rights, even if committed by 
other means than those covered in the said article. 



SERBIA. 

From the insurrection of Karageorge in 1804 until 1826 the Serbs 
fought for their independence. The Additional Act of the Akkernian 
Convention of 7 October 1826, ratified three years later by Article 6 of 
the Treaty of Adrianople, raised the pashalic of Belgrade to an 
autonomous and tributary principality under the suzerainty of the 
Porte and the protectorate of Russia. Since that time the following 
constitutional measures have been promulgated: 

1. The Constitution of 15 February 1835 (171 articles) which 
created a Council of State of 22 permanent members charged with 
the elaboration of the laws. The Skupshtina, which was to meet only 
two days each year, preserved scarcely any powers but those of a 
Chamber of Registry. 

2. The Hatt-i-sherif of 12/24 December 1838, which was promul- 
gated at Belgrade on 2 March 1839 under the name of Ustav or 
statute (66 articles). This document entrusted the legislative power 
to a Senate, whose members were under the jurisdiction of the Porte, 

3. The Law of 3 May 1858, reforming the Ustav, but this law was 
soon after abrogated. 

4. The Constitution of 29 June/11 July 1869, passed by the Great 
Skupshtina and promulgated by the Council of Regenc3\ 

Nearly ten years later the final independence of Serbia with regard 
to the Porte was recognized by Article 34 of the Treaty of Berlin of 
13 July 1878. but at the same time the conditions set forth in Article 
35 of the same treaty were attached thereto. These conditions, rela- 
tive to the liberty of conscience and of worship, are the same as those 
imposed (Article 27) on Montenegro.^ On 22 February/6 March 
1882 the National Skupshtina proclaimed - the raising of the princi- 
pality into a kingdom, and, in the terms of the law of the same date,^ 
Prince ^lilan Obrenovitch IV became Milan I, King of Serbia. 

5. The Constitution of 22 December 1888/3 Januarj^ 1889,* which 
lived scarcely more than five years. On 9/21 May 1894 a royal procla- 
mation ^' suspended the Constitution of 1888 and put back into force 
that of 1869. 



^ See above, p. 407. 

^ French translation in the British and Foreign State Papers, 73 : pp. 737-739. 

3 English translation in the British and Foreign State Papers, 73 : p. 798. 

^ French translation in the British and Foreign State Papers, 81 : pp. 508-540. 

° See the British and Foreign State Papers, 86 : p. 987. 

88381—19 36 553 



554 CONSTITUTIONS OF THE STATES AT WAR. 

6. Seven years later the Constitution of 1869 disappeared again, in 
order to give place to a new charter, which was proclaimed on 6/18 
April 1901.^ This Constitution contained a great innovation, namely, 
the institution of a Senate. On 2 June 1903 the national representa- 
tion decreed unanimously that the Constitution of 1888 be put back 
into force and proclaimed Peter Karageorgevitch King of Serbia as 
Peter I. 

7. On 5/18 June 1903 there appeared in the official journal the Con- 
stitution adopted by the national representation with the modifica- 
tions and additions rendered necessary by the change of dynasty. In 
the main this Constitution reproduces almost word for word that of 
1888. The ephemeral institution of a Senate disappeared with the 
Constitution of 1901.^ 



CONSTITUTION OF 5/18 JUNE 1903.=^ 

Part I. — The Form or Government, the State Religion and the 
Territory or the Kingdom. 

Article 1. The Kingdom of Serbia is an hereditary and con- 
stitutional monarchy with national representation. 

Abt. 2. The arms of the Kingdom of Serbia are the spread eagle 
of silver on an escutcheon of gules with the royal crown. 

The two heads of the eagle of silver are surmounted by the royal 
crown ; each talon holds a fleur-de-lis. The eagle bears on his breast 
the arms of the Principality of Serbia, " a cross of silver on a field 
of gules with a gTin between each of the four branches." 

The national colors are red, blue and white. 

Art. 3. The State religion of Serbia is the Eastern Orthodox 
Religion. 

The Serbian Church is autocephalous. It is not dependent on any 
foreign Church; it always preserves dogmatic unity with the Uni- 
versal Eastern Church. 

Art. 4. The territory of the Serbian State can be neither alienated 
nor divided. 

Its limits can be neither diminished nor modified without the assent 
of the Grand National Skupshtina.* But in what concerns the rec- 

1 French translation in the British and Foreign State Papers, 94 : pp. 199-217. Ger- 
man translation in Paul Posbner, Die Staatsverfassungen des Erdhalls (Charlottenburg, 
1909), pp. 863-879. 

2 These introductory paragraphs are based upon F. R. Darbste et P. Darbstb, Les 
Constitutions modernes (3d edition, Paris, 1910), vol. ii^ pp. 257-259. 

3 This Constitution is based on the Constitution of 22 December 1888/3 January 1889 
and is like it except as indicated in the footnotes. Translated by Otis G. Stanton from 
the French translation of the Constitution of 1888 in the British and Foreign State 
Papers, 81 : pp. 508-540, and from the French translation of the modifications of 1903 in 
the British and Foreign State Papers, 108 : pp. 566-574. See also the Annuadre de legis- 
lation etrangire, 18 (1888) : p. 838, and 33 (1903) : p. 601. French translation of the 
Constitution of 1903 also in Darbste, op. dt., pp. 259-293. 

* The name of the National Assembly. 



SERBIA. 555 

tifications of frontiers of the territories not popufated and of little 
importance, the assent of the Ordinary National Skupshtina is suffi- 
cient. 

Akt. 5.^ The Kingdom of Serbia is divided into departments 
(okrug), the departments into arondissements (srez) and the latter 
into communes (opshtina). 

Paut II. — The Constitutional Rights or Serbian Citizens. 

Art. 6. The present Constitution and the laws determine the modes 
of acquisition of and of retirement from the character of Serbian 
citizen, the rights which are attached to this quality and the causes 
which provoke its loss. 

Art. 7. All Serbians are equal before the law. 

Art. 8. It is forbidden to grant titles of nobility to Serbian citi- 
zens or to recognize them. 

Art. 9. Individual liberty is guaranteed by the present Constitu- 
tion. 

No one may be subjected to an examination [by the public author- 
ity] except in cases provided by the law and in the forms prescribed 
by it. 

No one may be placed in a state of arrest, nor be deprived in any 
other manner of his libert}^, except by virtue of a written w^arrant 
with reasons therefor from the examining magistrate. This warrant 
must be communicated to the person arrested at the very moment of 
arrest. Only culprits surprised in fag /'ante delicto may be arrested 
without any prior warrant, but even then a w^ritten report shall 
be drawn up and shall be communicated to them within 24 hours 
from the moment of arrest. 

The person arrested has the right to lodge a complaint before the 
tribunal of first instance against the w^arrant concerning his arrest. 
If he does not make use of this right within three days from the 
communication of the warrant to bring him in or the report of 
the arrest, the examining magistrate shall be obliged to transmit 
officially the papers in the case to the competent tribunal within the 
"24: hours following the expiration of the first period. The tribunal is 
then required to pronounce the maintenance or the annulling of the 
arrest witliin a new period of 24 hoiu-s. The decisions of the tribunal 
on these questions are immediately executory. 

Agents of the public authority who shall have infringed these pro- 
visions shall be punished for illegal attempt on liberty. 

The law shall determine the circumstances in which the tribunals 
shall be required to set the person arrested at temporary liberty with 
or without personal or pecuniary bail.- 

lAs amended, 5/18 June 1903. 

" A law of 31 January/13 February 1905 on pubUc safety conferred on the Minister 
of the Interior exceptional powers to repress brigandage ; see the Annuaire de legislation 
6trang^re, 36 (1906) : p. 548. 



556 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 10. No one can be tried by an incompetent tribunal. 

Art. 11. No one can be tried without being previously examined 
by the competent authority, or invited in the legal way to defend 
himself. 

Art. 12. Penalties can not be established except by law, nor 
applied except to subsequent acts formally provided for by law. 

Art. 13. The penalty of death is abolished in the matters of crimes 
purely political. 

It is maintained for cases of accomplished or attempted attack 
against the person of the King or of the members of the Eoyal House, 
cases to which the Penal Code applies this penalty. 

It is likewise maintained in the matter of mixed crimes, conform- 
ably to the provisions of the Penal Code, as well as for the cases pro- 
vided for by the military laws. 

Art. 14. Serbian citizens can not be expelled from Serbia. Also 
residence in a locality can not be forbidden to them, nor can they 
be obliged to settle in a determined place except in cases expressly 
provided for by law. 

Art. 15. Private domicile is inviolable. 

The public authority can not proceed to any domiciliary visit ex- 
cept in the cases provided for by law and following the forms pre- 
scribed by it. 

Before the domicilary visit, the competent authority is required to 
communicate to the interested party the written order from the 
examining magistrate authorizing this measure. The interested 
party may attack this order before the tribunal of first instance, with- 
out being able, however, to suspend in this way the execution of the 
visit. The visit can be effected only in the presence of two Serbian 
citizens. 

After the domiciliary visit has been made, the authority is required 
to send to the interested party a certificate stating the result obtained 
and a signed report enumerating the objects seized in view of the 
pursuit of the inquiry.^ 

Art. 16. Property of every kind is inviolable. 

No one can be constrained to yield his goods to the State or to 
other public moral persons, nor to undergo any restriction in their 
favor, except in cases established by law and in consideration of a 
legal indemnity. 

Art. 17. The penalty of general confiscation of property is for- 
bidden. 

However, objects arising from a fraudulent source or objects hav- 
ing served or destined to serve in the accomplishment of a crime 
can be confiscated. 

1 The following paragraph was omitted, 5/18 June 1903 : " In no case can the domi- 
ciliary visit take place at night." 



SERBIA. ' 557 

Art. 18. Liberty of conscience is absolute. 

All recognized cults are free and placed under the protection of 
the law, so far as their celebration does not infringe upon the public 
order or morals. 

Art. 19. Every act which can infringe upon the State religion 
[proselytism] is forbidden. 

Art. 20. Serbian citizens can not take advantage of religious pre- 
cepts with a view to avoid the fulfilment of their duties as citizens 
and soldiers. 

Art. 21. Education is free in so far as it is not contrary to public 
order and morals. 

Primary instruction is obligatory. It is gratuitous in the public 
primary schools. 

Art. 22. Every Serbian has the right freely to express his thought 
by word, in writing, by way of the press or by images, while con- 
forming to the prescriptions of the law.^ 

The press is free. 

Censorship, as well as every other preventive measure intended to 
shackle the publication, sale or distribution of journals and other 
writings, is forbidden. 

The publication of journals is not subjected to any prior authori- 
zation. 

No bond shall be exacted of the author, the editor-in-chief, the 
publisher or the printer. 

The seizure of journals and other printed matter is authorized only 
in cases where they shall contain outrages towards tha King or the 
Royal House, or towards foreign sovereigns and their houses, as well 
as in cases where incitement to rebellion is found therein. In all 
these cases, the authorities are required to bring the affair before the 
tribunal within 24 hours after the seizure has been made and the 
latter is required to pronounce within a like period the confirmation 
or the abandoning of the seizure. In the contrary case, the seizure 
is, at the expiration of this last period of 24 hours, abandoned ipso 
faoto. 

It is forbidden to address administrative warnings to printed 
publications. 

Journals are required to have a responsible editor, enjoying his 
civil and policital rights. 

The author is responsible in the first place. If the author is un- 
known, or if he does not live in Serbia, or if he is irresponsible, the 
responsibility falls on the editor, the printer or the distributor. 

Art. 23. The privacy of letters and of telegraphic despatches is in- 
violable, except in time of war and in the case of criminal inquiry. 

^ Law of 12/25 January 1904 on the press, modified by the law of 9/22 December 1904. 



558 CONSTITUTIONS OF THE STATES AT WAK. 

A law shall determine what government agents are responsible 
for the violation of the privacy of letters and despatches entrusted 
to the bureaus of the post and the telegraph. 

Art. 24. Serbians have the right to meet peaceably and without 
arms if they conform to the laws.^ 

It is not necessary to advise the authorities in order to hold a 
meeting in a closed place. Meetings in the open air, which are sub- 
ject to laws and special regulations, can not be held unless the au- 
thorities be previously advised thereof. 

Art. 25. Serbians have the right to associate themselves for pur- 
poses which are not contrary to the law.^ 

This right can not be subjected to any preventive measure. 

Art. 26. Every Serbian has the right to address himself in his own 
name to the public authorities by petitions bearing one or several 
signatures. Petitions in the collective name can emanate only from 
the constituted authorities and from civil persons [corporations]. 

Art. 27. Every Serbian has the right to bring complaint against 
the illegal actions of the authorities. 

If the superior authority rejects the complaint as being ill- 
founded, it is required, in communicating its decision to the com- 
plainant, to indicate the reasons therefor. 

Art. 28. Every Serbian has the right to enter a judicial suit, with- 
out any previous authorization, against public functionaries, mayors, 
presidents of municipal councils and communal employes who have 
injured his rights in the exercise of their power. 

Special provisions are applicable in this regard to ministers, 
judges and soldiers with the colors under the flag. 

Art. 29. Serbians are free to renounce their nationality, after hav- 
ing satisfied the military service and fulfilled all their obligations as 
well to the State as to individuals. 

Art. 30. Foreigners living in Serbia are placed under the protec- 
tion of the Serbian laws as to their persons and their possessions. 
But they are compelled to pay imposts and other charges for the 
benefit of the State and of the commune, unless they be exempted by 
international treaties. 

Art. 31. Extradition is forbidden in the matter of crimes purely 
political. 

Part III. — The Powers or the State. 

Art. 32. All the powers of the State are exercised conformably to 
the provisions of the present Constitution. 

The Constitution can not be suspended either in whole or in any 
of its parts. 

^ Law of 31 March/12 April 1891 on public assemblies and associations. 



SERBIA. 559 

Art. 33. The legislative power is exercised in common by the King 
and by the national representation. 

Art. 34. The right of initiative in legislative matters belongs to 
each of the two branches of the legislative power. 

Art. 35. For each law adhesion of the two branches of the legis- 
lative power is necessary. 

Art. 36. Laws do not have retroactive force to the prejudice of 
rights acquired by virtue of prior laws. 

Art. 37. The interposition of the law has an obligatory character 
only if it emanates from the legislative power. 

Art. 38. The executive power belongs to the King. The King 
exercises this power by the medium of his responsible ministers, con- 
formably to the provisions of the present Constitution. 

The ministers are named and recalled by the King. 

Art. 39. The judicial power is exercised by the courts and tri- 
bunals. Their decrees and sentences are rendered and executed in 
the name of the King and by virtue of the law. 

Part IV. — The King. 

Art. 40. The King is the head of the State. He holds in custody 
all the rights which derive from this supreme authority, and he 
exercises them conformably to the provisions of the present Con- 
stitution. 

The person of the King is inviolable. The King can not be made 
responsible nor can any accusation whatever be made against him. 

Art. 41. The King and the members of the Royal House must 
belong to the Eastern Orthodox Eeligion, 

Art. 42. The King is the protector of all the cults recognized in 
Serbia. 

Art. 43. The King sanctions and promulgates the laws. No law 
has executory force before having been promulgated by the King. 

Art. 44. The heir to the throne and the other members of the 
Tioyal House can not contract marriage without the assent of the 
King. 

Art. 45. The King names all the functionaries of the State. It is 
in his name and under hi? high supervision that all the public admin- 
istrations exercise their authority. 

Art. 46. The King is commander-in-chief of all the military forces 
of the country. 

Art. 47. The King confers the military grades, conforming to the 
provisions of the law. 

Art. 48. The King confers the orders and other distinctions estab- 
lished by the law. 



560 consrsTiTUTiOFs of the states at war. 

Art. 49. The King has the right to have money coined, conform- 
ably to the law. 

Akt. 50. The King has the right of amnesty. 

Art. 51. The King has the right of pardon in criminal matters. 
He can commute the penalty inflicted, or reduce it, or remit it en- 
tirely. 

The suspension of a case in course of examination, as well as the 
suspension of judgment {abolition) among the non-political accused, 
is forbidden.^ 

Art. 52. The King represents the country in all its foreign rela- 
tions. He declares war, makes treaties of peace, of alliance and of 
every other kind, communicating them to the National Skupshtina 
as soon as the interests of the country permit it. 

But treaties of commerce, as well as all other treaties whose execu- 
tion involves either an expenditure at the expense of the public 
treasury or a modification of existing laws, and also treaties which 
would attack the public or private rights of Serbian citizens, have 
no value without the assent of the National Skupshtina. 

Art. 53. The King resides in the country permanently. If he 
absents himself for some time from the Serbian territory, he is re- 
placed of right, in the exercise of the royal powers, by the heir to the 
throne, if the latter is of age. If the heir to the throne is a minor or 
if he is prevented from replacing the King, the Council of Ministers 
shall exercise the royal power according to instructions which the 
King gives it within the limits of the Constitution. 

Art. 54. The King convokes the National Skupshtina in ordinary 
or extraordinary sessions. 

He opens and closes the sessions of the National Skupshtina per- 
sonally, by a discourse from the throne, or by message or decree pre- 
sented by the Council of Ministers. The discourse from the throne, 
the message and the decree must be countersigned by all the min- 
isters. 

He has the right to prorogue the session of the National Skupsh- 
tina. But this prorogation can not be extended to a duration of 
more than two months, nor be renewed in the same session without 
the consent of the Skupshtina itself. 

He has the right to dissolve the National Skupshtina, but the act 
of dissolution must at the same time order new elections to be held 
within two months at the latest, as well as the convocation of the 
new Skupshtina within a period o:^ three months. The decree of 
dissolution of the Skupshtina must be countersigned by all the min- 
isters. 

Art. 55. The King can not be at the same time the head of another 
State without the adhesion of the Grand National Skupshtina. 

1 This paragraph was added, 5/18 June 1903. 



SERBIA. 561 

Art. 56. No royal act referring to affairs of the State has force 
of application, nor can it be executed, if it is not countersigned by 
the competent minister, who assumes responsibility for it by the 
apposition of his signature. 

Art. 57. In Serbia, King Peter I, of the dynasty of Karageorge- 
vitch, reigns.^ 

The King is succeeded by his male descendants issued from legiti- 
mate marriage, in the order of primogeniture. If the King leaves 
after him no male descendant, the succession to the throne comes 
back to the consanguineous line in the same order of primogeniture. 

Art, 58. The King and the heir to the throne attain majority at 
the age of 18 years. 

Art. 59. In case of the death of the King, the heir to the throne, 
if he is of age, immediately takes the power as constitutional King. 
The King announces his accession to the country by a proclamation. 

He then convokes the National Skupshtina in the 10 days after 
notification of the death of the deceased King, in order to take before 
it the oath prescribed by the Constitution. 

If the Skupshtina has been dissolved and the new elections have 
not yet been held, the dissolved Skupshtina is convoked to receive 
the oath of the King. 

These provisions equally apply in the case where the King in his 
lifetime remits the throne to his heir. 

Art. 60. On taking the exercise of the royal power, the King 
takes before the National Skupshtina the following oath : 

I [name], in taking the exercise of the royal power, swear by the Almighty 
God and by all that is dearest and most sacred to me in this world that I shall 
watch over the preservation of the independence of Serbia and the integrity 
of its territory, that I shall maintain intact the national Constitution, that I 
shall govern according to it and conformably to the laws, and that in all my 
desires and all my acts I shall have in view the welfare of the nation. In 
pronouncing this oath soleiunly before God and before the nation, I take to wit- 
ness the Lord God, to whom I shall render account at the Last Judgment. So 
may the Lord God aid me therein ! Araen ! 

Art. 61. If, at the death of the King, the heir to the throne is a 
minor, the royal power delimited by the Constitution shall be exer- 
cised until his majority by a Council of Regency composed of three 
IDcrsons. 

Art. 62. The regents are named by the National Skupshtina, spe- 
cially convoked for this purpose, from among six persons whom the 
deceased King shall have designated in his testament as candidates 
for the regency. 

This testament shall be entirely written and signed by the hand 
of the King. It shall not be countersig-ned by the ministers. On the 

1 This paragraph inserted in place of three omitted paragraphs (concerning King 
Milan I, fourth of the dynasty of Obrenovitch), 5/18 June 1903. 



562 coisrsTiTUTioisrs of the states at war. 

back all the members of the Council of Ministers must sign as wit- 
nesses. 

This testament shall be drawn up in three copies, each of which 
shall bear the royal seal. One shall be placed as deposit with the 
Council of State, another with the Court of Cassation and the third 
with the Guard of the Seals. 

Art. 63. If the King- has not designated by testament the candi- 
dates for the regency, the Grand National Skupshtina shall be con- 
voked in order to proceed to the election of the members of the 
Council of Eegency. The Grand National Skupshtina shall then be 
convoked one month at the latest after the death of the King. 

Art. 64. The regency can be entrusted only to citizens Serbian by 
birth, belonging to the Eastern Orthodox Eeligion, enjoying all their 
civil and political rights, aged 40 years, and exercising or having 
exercised the functions of minister, counsellor of State, general or 
minister plenipotentiary accredited to a foreign government. 

Art. 65. The election of the regents always takes place by secret 
ballot. 

Art. 66. The civil list is fixed by law and can not be augmented 
without the consent of the Skupshtina nor diminished without the 
consent of the King. 

Each regent shall receive, during the continuance of his functions, 
60,000 francs per annum, deducted previously from the civil list. 

Art. 67. Before taking in hand the exercise of the royal authority, 
the regents shall take, before the Skupshtina which shall have elected 
them, the oath to remain faithful to the King and to govern con- 
formably to the Constitution and to the laws of the country. They 
shall then inform the country by a proclamation that they have taken 
in hand, in the name of the King, the royal power. 

Art. 68. The Constitution can not be modified during the minor- 
ity of the King. 

Art. 69. If the King is prevented from exercising the royal power, 
the heir to the throne, if he is of age, shall reign in his name. 
If the heir to the throne is a minor, the King shall have the right to 
name a provisional regency. 

Art. 70. If the King transfers the power during his lifetime to 
his minor heir, he has the right to name at the same time the three 
regents. For the regents thus named all the provisions of the present 
Constitution concerning the regents elected by the National Skupsh- 
tina are valid. 

Art. 71. If a member of the Council of Regency dies, or if he is 
attacked by a malady which, in the opinion of three physicians desig- 
nated by the Council of State on the request of the two other regents 
and in accord with them, renders him incapable of fulfilling his func- 
tions, or, finally, if he gives in his resignation, the other two regents 



SERBIA. 563 

shall have power alone over the affairs of the State, until the meeting 
of the National Skupshtina, which shall proceed to the election of the 
third regent. 

If one of the three regents finds himself in the urgent necessity of 
absenting himself temporarily from the country, the two others 
shall administer alone the affairs of the State during his absence. 
But in this case, the one who is absent is obliged to leave with his 
colleagues a written declaration that he adheres to all that these 
latter shall do within the limits of their constitutional pow'ers. 

In all the preceding cases, the reasons why two only of the regents 
exercise the royal authority must be immediately made known. 

Art. 72. The regents shall provide for the education of the minor 
King.^ 

The management of the property belonging to the minor King is 
entrusted to the guardians whom the deceased King shall have desig- 
nated in his testament, or, if the testament of the King says nothing 
on this subject, by the guardians whom the regents shall appoint in 
agreement with the Council of State. 

Art. 73. If the King dies without masculine descent, but at the 
moment of his death the Queen is pregnant, the royal power shall be 
exercised until the delivery of the Queen, by right of provisional 
regency, by the President of the Council of State, the President of 
the Court of Cassation and the Minister of Justice. 

Art. 74. In every case where, conformably to the provisions of the 
present Constitution, there is occasion to proceed to the election of 
the regency, the Council of Ministers shall exercise provisionally, 
under its responsibility, the constitutional power of the King. 

The Council of Ministers shall inform the country, by a proclama- 
tion, of the fact and the cause of their assumption of the royal power. 

Art. 75. In the case where the throne, by virtue of the present 
Constitution, remains without heir, the Council of Ministers shall 
take in hand the ro3^al power. 

It must then, within a period of one month from the death of the 
King, convoke the Grand National Skupshtina which shall deter- 
mine the question of the throne. 

Part V. — The National Representation. 

Art. 76. The National Skupshtina is the representative body of the 
country. 

The National Slaipshtina is Ordinary or Grand.^ 

Art. 77. The National Skupshtina is composed of deputies freely 
elected by the people conformably to the provisions of the present 
Constitution. 

1 The rest of this paragraph was omitted, 5/18 June 1903. 

2 The Constitution of 1901 had abolished the Grand Sliupshtina ; the Constitution of 
1903 reestablishes it. 



564 CONSTITUTIOISI'S OF THE STATES AT WAR. 

Art, 78. The elections of the national deputies are direct. The 
vote is secret and is made by means of ballot-balls. 

Art. 79. Each department chooses a number of deputies propor- 
tional to the number of its tax-payers at the rate of one deputy per 
4,500 tax-payers. If the number of tax-payers in excess passes the 
figures of 3,000, there shall be elected an additional deputy. 

In this number are included the deputies for whom Article 99 of 
the Constitution demands special conditions. 

Art. 80. The number of tax-payers of each department, as well as 
the number of deputies which the different departments shall have 
to elect, are determined, conformably to the provisions of the present 
Constitution, prior to each general election, by a commission com- 
posed of the president of the Council of State, of the president and 
the two vice-presidents of the last Skupshtina and of the president 
of the Court of Cassation. 

Art. 81. The city of Belgrade elects 4 deputies; the cities of Nish 
and Kragujevatz, 2 each; and thecitiesof Alexinatz, Valjevo, Vranja, 
Gomje Milanovatz, Zajeshar, Jagodina, Knjashevatz, Krushewatz, 
Loznitza, Leskovatz, Negotin, Paratjin, Pirot, Posharevatz, Pro- 
kuplje, Svilajnatz, Smederevo, Tjuprija, Ushitze, Tshatshak and 
Shabatz, 1 each. 

Art. 82.^ Each national deputy represents the entire nation and 
not merely his electors. 

Art. 83. The electors can not give nor the deputies accept an im- 
perative mandate. 

Art. 84. All Serbian citizens, by birth or naturalization, who have 
completed 21 years and who pay to the State at least 15 francs of 
direct tax per annum including the additional centimes due to the 
State,^ are electors. 

The members of family associations {sadrugari) who are 21 years 
old have the right to vote, whatever may be the total of the direct 
taxes which they pay to the State.^ 

Art. 85. Every elector has the right to vote in one place only, and 
that in the electoral district where he is enrolled. 

Art. 86. Officers, in active service or retired, and soldiers who 
are with the colors can not vote. 

Art. 87. The following are deprived temporarily of the electoral 
right : 

1. Those condemned to penal servitude, until their restoration 
to the rights of citizens. 

1 Article 82 of tlie Constitution of 1888 was omitted and the numbering of all the suc- 
ceeding articles was decreased by one, 5/18 June 1903. This change necessitated the 
amendment of the number of these articles wherever reference was made to them. 

2 " Including the additional centimes due to the State " was added, 5/18 June 1903, 

3 The third paragraph was omitted, 5/18 June 1903. 



SEKBIA. 565 

2. Those who are condemned on account of crime to the loss of 
civic honor, during the continuance of that penalty. 

3. Those who are in preventive detention or in a state of incar- 
ceration on account of crimes and offenses provided by Sections 1 
and 2 of the present article. 

4. Those who are condemned for having abused their authority 
or for having had recourse to threat or corruption, in order to be 
elected or to cause another to be elected, as well as all those who are 
condemned for having trafficked in their vote. The continuation of 
this loss of the electoral right shall be fixed by the judgment pro- 
nouncing the condemnation. 

5. Those who are declared bankrupt. 

6. Those who are placed under guardianship or provided with a 
judicial counsel. 

7. Those who have, without the authorization of the Serbian gov- 
ernment, entered the service of a foreign Power. 

8. Those who ha\'e been condemned for having refused, as ad- 
herents of a cult not recognized, to satisfy their obligations as citizens 
and soldiers. 

Art. 88. All the electors of a department constitute a single elec- 
toral body, and vote, not for isolated candidates, but for a complete 
list of candidates. In cities having to elect more than one deputy, the 
voting is done in the same manner. 

Art. 89. In each department the vote is cast at one time at several 
points designated by the law. The cities can also, in case of necessity, 
be divided into several voting sections. 

Art. 90.^ In each place where the vote is to be cast, there shall 
be constituted an electoral bureau composed of a municipal councilor 
designated by the council of that commune, of a representative of 
each list of candidates, and of a person who has satisfied the require- 
ments of a faculty or, in default of that, a professional school. 

Art. 91. In each chief town of the department, as well as in the 
cities which have to name more than one deputy, there shall be 
formed a central electoral bureau, which collects all the votes, counts 
them, proclaims the result of the ballot and delivers the mandate of 
the deputy. 

The president of this bureau shall be a councilor of State, or 
a counsellor of the Court of Cassation, designated by the drawing 
of lots; its members shall be^ the president of the local municipal 
council, a counsellor of the Court of Appeal or a president of tribu- 
nal of first instance, and two representatives from each list of candi- 
dates. 

lAs amended, 5/18 June 1903. 

^ The phrase " a member of the permanent commission of the okrug " was omitted, 
5/18 June 1903. 



566 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 92. In each department, 100 electors, and in each city electing 
more than one deputy, 50 electors shall have the right to establish a 
list of candidates. Each list must carry as many candidates as there are 
deputies to be named in the department or city interested. The list 
shall carry the name of the candidate written at the head. Each 
list shall have its special urn in every place where the voting is held. 

The total number of the electors who have voted divided by the 
number of deputies whom the electoral body interested must choose 
gives the electoral quotient, according to which the number of the 
candidates elect to be taken from each list is determined. Each 
list receives as many seats as it collects times the electoral quotient. 

The quotient shall be awarded first to the candidate inscribed at 
the head of the list and then to the other candidates following the 
order of inscription until the number of votes obtained by this list 
is exhausted. 

If a list of the candidates does not obtain the electoral quotient, 
then the votes of this list are attributed to the list which has obtained 
the greatest number of votes.^ 

If there remain seats of deputies for which no list has col- 
lected a number of votes equal to the quotient, these seats shall be 
divided among the lists, disposing according to the figure nearest 
to the quotient to the one which does not obtain the complete number 
of deputies. In case of tie votes between two or more lists, lot de- 
cides to which list the seat in consideration shall be given. 

Aet. 93. In the cities which have to elect a single deputy, ^ to 
which Article 81 of the present Constitution grants the special elec- 
tion right, the candidate must be considered elected who collects the 
absolute majority of the votes. 

If no one has obtained the absolute majority, they shall proceed 
to a new election. In this new election the relative majority suffices 
and in case of a tie vote lot shall decide. 

The electoral bureau delivering the deputy mandate is composed 
of a judge of the tribunal of first instance of the locality or of the 
place nearest designated by lot, of the mayor and of a delegate of 
each candidate in consideration. 

Art. 94. Whoever does not have the right to vote can not be 
elected deputy. 

Art. 95. To be named deputy to the National Skupshtina it is 
necessary, independently of the conditions required for the right of 
elector, to combine the following conditions : 

1. To be Serbian by birth, or if one has obtained the Serbian 
character by naturalization, to be established in Serbia for five years, 

2. To enjoy all his civil and political rights. 

^ This paragraph was added, 5/18 June 1903. See the Annuaire de Mgislation etrangdre, 
33 (1903) : p. 602. 
2 The phrase " as well as in the communes " was omitted, 5/18 June 1903. 



SERBIA. 567 

3. To reside permanently in Serbia except when the sojourn 
abroad is imposed by a public function. 

4. To be 30 years of age. 

5. To pay the State at least 30 francs direct taxes per annum. 
Art. 96. Functionaries belonging to the police service can not be 

elected deputies. 

Art. 97. Deputies, who are not officials of the State at the moment 
of their election and who shall have entered the service of the State 
during their legislative mandate, ipno facto lose their character of 
deputies. They can nevertheless be reelected conformably to Ar- 
ticle 98. 

"The provision does not apply to ministers, who remain deputies 
without having to submit to a reelection. 

Art. 98. The functionaries and all other agents in the service of 
the State as well as the mayors of communes,^ elected deputies and 
accepting the legislative mandate, by that \Q,vy fact lose their func- 
tions or employment. However, the following functionaries may 
keep their offices while accepting the legislative mandate: 

1. Ministers in active service or unattached. 

2. Councilors of State. 

3. Envoj^s extraordinary and ministers plenipotentiary ac- 
credited to a foreign court and diplomatic agents. - 

4. Presidents and members of the courts and of the tribunals 
of first instance. 

5. Professors of the University, of professional schools and in 
secondary education. 

6. Engineers and physicians in the service of the State. 

7. Officers in retirement or unattached. 

Art. 99. On the list of the candidates of each electoral depart- 
ment ^ should be found at least two persons who, independently of 
the general conditions to which is subordinated the right to be 
elected deputy, should fulfill the particular condition which follows : 

To have finished, either in Serbia or abroad, the course of some 
faculty, or of a superior professional school, placed in the same 
raiik as the university faculties. 

Art. 100.* The deputies to the Ordinary National Skupshtina 
designated at the general elections are elected for a term of four 
years. For each quadrennial period of the National Skupshtina, 
the elections shall take place on 8 September [old style] . 

1 " As well as the mayors of communes " was inserted, 5/18 June li903. 

2 " Consuls general " was omitted, 5/18 June 1903. 

3 The opening words of this article were slightly amended and all of the article after 
Paragraph 2 was omitted, 5/18 June 1903. 

*■ As amended, 5/18 June 1903 ; the term of the legislature was fixed at 4 years in- 
stead of 3 years, the period was consequently made quadrennial, and the election day 
was set for 8 September instead of 14 September, both old style. 



568 CONSTITUTIONS OF THE STATES AT WAR. 

If the general elections take place following a dissolution of the 
National Skupshtina, the four years of the legislative period shall be- 
gin to run only from the month of September following. Before the 
beginning of that period, the Skupshtina can be convoked in extra- 
ordinary session. 

The deputies designated at the complementary elections obtain 
their mandates only to the expiration of the legislative period dur- 
ing which they have been elected. The complementary elections 
must take place at the latest a month after the seat of the deputy 
shall become vacant. 

Art. 101.^ The National Skupshtina is convoked regularly in the 
capital on 1 October [old style] of each year. 

Only in case of war can the Skupshtina be convened outside of 
the capital. 

The closing of an ordinary session can not be pronounced before 
the Skupshtina votes on the budget. 

Art. 102. The King can also convoke the National Skupshtina 
in extraordinary session. 

Art. 103. The National Skupshtina alone is called upon to ex- 
amine the powers of its members and to pronounce on their validity, 
as well as on the eventual contests raised on this subject. 

No one can prevent a deputy to whom the competent electoral 
bureau (Articles 91 and 93 of the present Constitution) has de- 
livered a mandate from entering the Skupshtina. Only the Skup- 
shtina shall have to decide if the election is valid or not. 

Art. 104. In the first meeting held under the presidency of the 
oldest member, the Skupshtina shall be divided into sections by 
drawing lots. Each section shall designate immediately one of its 
members to make part of the commission for the verification of 
powers. 

Art. 105. The National Skupshtina chooses from its own mem- 
bership, for each session, a president, two vice-presidents and secre- 
taries. 

Art. 106. All the deputies, after their validation by the Skupshtina, 
pronounce the following oath : 

I [name] swear, by the one and only God, by what the haw has most sacred 
for me and by what is dearest to me in this world, to observe faithfully the 
Constitution, and to have, in the accomplishment of my mission as deputy, 
constantly in view, while consecrating thereto all the forces of my soul and 
of my intelligence, the common good of the' King and of the nation. May God 
be to me a help in this world and in the other ! 

Art. 107. The Skupshtina responds to the discourse from the 
throne by an address. 

^As amended, 5/18 June 1903. 



SERBIA. 569 

Art. 108. The meetings of the National Skupshtina are public, 
but closed doors may be prochiimed when the president of the 
Skupshtina, the government or 10 deputies request it. 

If the closed door is requested by the president of the Skupshtina 
or by 10 deputies, the Skupshtina can decide on the question whether 
the sitting shall be maintained secret or not. 

Art. 109. The Skupshtina can pass a resolution only if more 
than half of the number of the deputies provided by the Constitu- 
tion are present. 

A resolution of the Skupshtina to be valid must receive the ma- 
jority of the votes of the deputies present. 

In case of a tie vote, the proposition which is the subject of the 
vote is rejected. 

Art. 110. The ballot in the Skupshtina takes place by roll-call^ 
by sitting or rising, or secretly. 

The roll-call takes place whenever it is a question of passing on 
che bill as a whole, as well as in all cases where either the govern- 
ment or 20 deputies demand it. 

The bureau of the Skupshtina is always named by secret ballots 

Deputies can not vote by proxy. 

Art. 111. The Skupshtina can not deliberate on bills before the 
Council of State has taken them under examination and has trans- 
mitted to the Skupshtina its advice on the subject. Only the budget 
and the annual ^ laAvs in immediate relation to the budget shall not 
be submitted to the previous examination of the Council of State. 

Art. 112. Every bill, including the budget, before having been dis- 
cussed by the Skupshtina, must be submitted to the examination of a 
special committee. This connnittee shall present its report to the 
Skupshtina. 

Art. 113.- The Skupshtina can not deliberate on any bill before it 
has been previously passed by the competent committee. 

Art. 114. A bill can not be adopted as a whole, if each of its 
articles has not been previously approved. 

The budget shall be studied in its entirety by a single committee. 

Art. 115. Each bill must be submitted to two readings and to two 
votes in the same session of the Skupshtina before its definitive adop- 
tion. A period of at least five days must be left between the first 
and the second votes. 

Art. 116. No law can be promulgated, abrogated, modified or 
Interpreted without the adhesion of the National Skupshtina. 

The rules for the application of the laws, as well as the rules hav- 
i'lg their source in the executive power and the right of control recog- 
nized in the King, are put out by the organs of the executive power. 

' The word " financial " was omitted, 5/18 June 1903. 
^As amended, 5/18 June 1903. 

88381—19 37 



570 coNSTiTUTioisrs of the states at wae. 

However, they must carry an express mention of the law on which 
they are founded. 

No law or regulation emanating from the authorities who repre- 
sent the State, the department or the commune has the force of ap- 
plication before having been published in the manner prescribed hy 
law. 

The formula of the publication of laws must state expressly their 
adoption by the National Skupshtina. 

, Art. 117. Laws and regulations deriving from laws have obliga- 
tory force for all Serbians and for the authorities of the country, as 
soon as they have been publistied conformably to the law.^ 

Art. 118. No impost or other general contribution can be created 
or modified without the approval of the National Skupshtina. 

The State can not contract any debt without the consent of the 
Skupshtina. The government is required to submit to the Na- 
tional Skupshtina an exact report, certified by the Court of Accounts, 
stating that the financial agreements have been concluded and 
executed conformably to the law. 

Art, 119. The government can withdraw a bill submitted by it to 
the Skupshtina, so long as it has not been the object of a definitive 
vote. 

Art. 120. A bill definitively rejected by the Skupshtina can not be 
presented again during the same session. 

Art. 12i. The Skupshtina has the right of inquiry, as^ well as 
the right of suit,- in electoral matters and in questions purely 
administrative. 

Each deputy has the right to address questions and interpellations 
to the ministers. The ministers m'ust respond thereto before the 
close of the session. 

Art. 122. Each one has the right to address to the Skupshtina, 
through the intermediary of its president, petitions and complaints. 

The Skupshtina has the right to communicate to the ministers 
these petitions or complaints addressed to it. The ministers must 
furnish explanations on their contents whenever the Skupshtina 
requests it. 

Only the deputies, government commissioners and members of the 
Council of State (Article 144 of the Constitution) may speak on the 
floor of the Skupshtina.^ The National Skupshtina can not receive 
deputations or individuals, nor permit anyone whomsoever to speak 
except the above-named persons. 

Art. 123. No one can at any time demand account of a deputy for 
a vote which he has cast as member of the Skupshtina. 

1 The rest of this article was omitted, 5/18 June 1903. 

2 " As well as the right of suit " was inserted, 5/18 June 1903. 

3 The first sentence of Paragraph 3 was amended, 5/18 June 1903. 



SERBIA. 571 

As for speeches made in the Skupshtina, the deputies are respon- 
sible only to the Skupshtina itself, which can, on the proposal of 
the president, inflict the disciplinary penalties provided by the 
rules of the National Skupshtina. 

Art, 124. Deputies can not, without the previous authorization of 
the National Skupshtina, be sued or put under arrest for crimes or 
debts from the day of their election to the expiration of their man- 
date, except in case of flagrcunte delicto. But even in this last case, 
the Skupshtina, if it is in session, shall be immediately advised and 
it shall give or refuse authorization to prosecute the affair before the 
close of the session. 

Art. 125. The Skupshtina has the exclusive right to maintain 
order Avithin itself through the medium of its president. 

No armed force can penetrate within the locality of the National 
Skupshtina, nor within its hall. 

No armed person can penetrate within the locality of the National 
Skupshtina except those whose profession obliges them to carry 
arms and who are called within the Skupshtina by parliamentary 
matters. 

Art, 126. The National Skupshtina is in direct relation only with 
the ministers. 

Art. 127. Deputies receive from the treasury of the State traveling 
expenses and a daily compensation of 15 francs ^ for the duration of 
the legislative sessions. 

Art. 128. A special law shall establish the internal regulations of 
the Skupshtina.^ 

Art. 129. For the Grand National Skupshtina there shall be elected 
twice as many deputies as for the Ordinary National Skupshtina. 

This rule shall be applied also to the deputies mentioned in 
Article 99.^ 

Art. 130. The Grand National Skupshtina is convoked when it is 
necessary : 

1. To decide the question of the throne (Article 75). , 

2. To name the Council of Regency (Article 63). 

3. To decide modifications to be proposed to the Constitution 
(Article 200*). 

4. To decide concerning the alienation or exchange of a portion 
of the territory of the State (Article 4). 

5. When the King judges it useful to consult the Grand National 
Skupshtina. 

1 " Of 15 francs " was inserted here and Paragraph 2 of this article was omitted, 5/18 
June 1903. 

2 Law of 1/13 November 1889, modified 28 January/9 February 1891. 

3 This replaces the original Paragraph 2 in the Constitution of 1888. 

* This replaces reference to Articles 201 and 202 in the Constitution of 1888. 



572 . CONSTITUTIONS or THE STATES AT WAR. 

Part VI. — The Ministers. 

Art. 131. At the head of the services of the State is the Council of 
Ministers placed immediately under the authority of the King. 

The Council of Ministers is composed of the ministers in charge 
of the divers public services and of the president of the Council of 
Ministers, who may be without portfolio. The King appoints the 
ministers and the president of the Council of Ministers by decree. 
On entering upon their duties, the ministers take the oath of obedi- 
ence and of fidelity to the King and swear to observe conscientiously 
the Constitution and the laws. 

Art. 132. Only Serbians by birth or naturalized persons resident 
for five years in Serbia can be ministers. 

Art. 133. No member of the Royal House can be minister. 

Art. 134. Ministers have free access to the National Skupshtina, 
which is required to hear them each time that they request it. How- 
ever, ministers can not take part in the vote of the Skupshtina, ex- 
cept in the case where they shall be at the same time deputies. 

The Skupshtina has the right to demand the presence of ministers 
at its meetings. 

Art. 135. Ministers are responsible to the King and to the National 
Skupshtina for all acts done in the exercise of their functions. 

Every official act signed by the King must be countersigned by 
the competent minister. 

An order of the King written or oral can not in any case cover 
the legal responsibility of a minister or of any other public func- 
tionary.^ 

Art. 136.^ The King as well as the National Skupshtina has the 
right to impeach a minister: 

1. For treason against the country and the sovereign. 

2. For violation of the Constitution and of the rights guaranteed 
by the Constitution to Serbian citizens. 

3. For betrayal of trust. 

4. For injury done to the State in a matter of personal interest. 

5. For violation of the laws in cases which shall be specified later 
by a special law on ministerial responsibility.^ 

Art. 137. The proposal to impeach a minister must be made in 
writing, contain the enumeration of the chief points of accusation 
and carry the signatures of at least 20 deputies. 

In order that the impeachment may be pronounced, it is necessary 
that the majority which votes it comprise two thirds of the deputies 
present. 

^ This paragraph was amended, 5/18 June 1903. 

- Paragraph 2 of this article was omitted, 5/lS June 1903. 

s Law of 30 January/11 February 1891. 



SERBIA. 573 

The minister impeached is tried by a Tribunal of State composed 
of members of the Council of State and of the Court of Cassation. 

Art, 138. A special law, which the National Skupshtina shall take 
up in its first leoislative period, shall specify the different cases of 
ministerial responsibility, the penalties to be applied to the differ- 
ent crimes, the composition of the tribunal called to try the min- 
isters and the procedure to be followed.^ 

For cases of ministerial responsibility which are not provided for 
by the Penal Code and do not depend upon the common law, the 
accused minister can not be condemned ^"0 a greater penalty than 
imprisonment. 

Art. 139. The King can not make use of his pardoning power 
in favor of the minister condemned without the consent of the 
National Skupshtina, nor interrupt the inquiry begun against the 
accused minister.- 

Part VIL — The Council of State. 

Art. 140. The Council of State is composed of 16 members, of 
whom 8 are appointed by the King and 8 elected by the National 
Skupshtina and in the following manner: The King submits to the 
Skupshtina a list of 16 candidates and the latter chooses among them 
8 candidates whom the King appoints as members of the Council of 
State; the National Skupshtina, on its side, submits to the King a 
list of 16 candidates among whom the King chooses and appoints 8 
members of the Council of State. Vacancies in the Council of State 
shall be provided for in the same way. 

Art. 141. The members of the Council of State are appointed for 
life. They enter into the category of functionaries of the State. The 
members of the Council of State can not^ without their consent, be 
relieved of their functions, nor called to another employment of the 
public administration. They also can not be retired, if they liave not 
expressed the desire therefor, unless they have completed 40 years 
of service, or have passed 65 years of age, or their state of health 
does not permit them longer to perform their functions. 

If a member of the Council of State is appointed minister, no. pro- 
vision is made for his replacement in the Council of State and, when 
he ceases to be minister, he returns to his post as councilor of State. 

In the case only where the number of the members of the Council 
of State should become less than the number fixed by the internal 
regulations of the Council of State, in order that its deliberations 
should have full and entire effect, provision shall immediately be 
made for as 'many vacancies as are necessary so that the Council of 
State can hold its sessions. 



1 Law of 30 .Tanuary/ll February 1801. 
*This last clause was added, 5/18 June 1903. 



574 CONSTITUTIOlSrS OP THE STATES AT WAR. 

Art. 142.^ No one can be a member of the Council of State, if lie is 
not a Serbian citizen, if he is not 35 years old, if he has not com- 
pleted the courses of the faculty in Serbia or abroad, or of a special 
school equivalent to a faculty, and if he has not been employed 10 
years at least in the service of the State. 

Art. 143. The King names among the members of the Council of 
State a president and a vice-president of the Council, who remain 
in office for three years. 

Art. 144. The attributions of the Council of State are as follows : 

1. To elaborate, on the invitation of the government, projects of 
law or of administrative regulations of general interest, and to give 
its advice on questions which the government submits to it. 

2. To examine bills which the government presents to the Na- 
tional Skupshtina or which are brought in on the initiative of the 
Skupshtina and to give its advice on the said bills. This advice shall 
have no obligatory effect either for the Skupshtina or for the govern- 
ment ; however, it must be communicated in all cases in extenso to the 
National Skupshtina before the opening of the discussion of the said 
bills. Besides, the Council of State can choose from its midst one or 
two of its members, who shall have to defend, before the Skupshtina, 
the point of view of the Council of State.^ The Skupshtina and the 
government can fix for their respective bills a period within which 
the Council of State shall have to submit its advice; the Council of 
State can demand the prolongation of this period. However, if, at 
the expiration of this new delay, the Council of State does not pre- 
sent its report and its observations, the Skupshtina can proceed and 
commence the discussion and the debates. 

3. To fix the list of the candidates for vacant seats in the Court 
of Accounts and in the Courts of Cassation and of Appeal. 

4. To determine in the last resort upon the complaints relative to 
the election for the Skupshtina and the departmental councils and 
to the municipal elections. 

5. To try functionaries of the State as a disciplinary tribunal. 

6. To determine on the complaints against ministerial decisions 
in respect to affairs in litigation. Resolutions of the case brought in 
by the Council of State shall be obligatory for ministers. 

7. To determine upon the conflicts of powers between the admin- 
istrative authorities. 

8. To approve partial expenditures on general credits included in 
the budget for extraordinary needs, as well as the detailed application 
of the credit granted for public works, in so far as these expenses 
exceed the sum of which the minister himself can legally dispose. 

1 Paragraph 2 of this article was omitted, 5/18 June 1903. 

2 This sentence was inserted, 5/lS June 1903. 



SERBIA. 575 

9. To determine upon exceptional cases of admission to Serbian 
naturalization. 

10. To approve compromises between the State and individuals 
which shall be found advantageous for the State. 

11. To determine whether there is occasion according to the law 
to pronounce expropriation for the purpose of public use. 

12.^ To detei'mine on complaints against decrees, by which legiti- 
mate private rights are injured. The Court of Accounts has the 
right of recourse, in the name of the State, if, by public decree, 
material interests of the State are injured to the profit of indi- 
viduals. 

13.^ To determine on complaints against ministerial decisions, 
rendered by the minister in matters for which the minister was not 
competent or which went beyond the province of the authority which 
is attributed to him by the law. Decisions rendered by the Council 
of State on this subject are obligatory for the minister. 

14.^ To perform the functions which shall be attributed to it by 
the different laws of the country. 

Art. 145. The internal regulations of the Council of State shall be 
fixed by a special law.^ 

Part VIII.— The Tribunals. 

Art. 146. The tribunals are independent. In rendering justice, 
they are dependent on no authority except that of the law. No power 
in the State, either legislative or executive, can meddle in judicial 
affairs, and, reciprocally^, the tribunals can not participate in the 
exercise of the legislative or executive power. 

Justice is rendered in the name of the King. 

Art. 147. No tribunal whatever can be instituted, nor anything 
whatever be created in point of judicial organization and competence, 
unless a law is passed to this effect. 

However, in no case and by no right can there be instituted ex- 
traordinary or summary tribunals, nor commissions rendering justice. 

Art. 148. The institution of the jury is maintained. 

The competence of the jury is fixed by the law.^ 

Art. 149. The tribunals in Serbia are: Tribunals of first instance 
and the Courts of Appeal and of Cassation. 

For all Serbia, there is only one Court of Cassation, which is called 
upon to determine solely on questions of law, leaving aside questions 
of fact. 

The said Court of Cassation shall also decide in conflicts between 
the judicial and administrative authorities. 

1 Nos. 12 and 13 inserted after 11 and the original 12 became 14, 5/18 June 1903. 

2 Law of 31 January/13 February 1902. 

» Law of 31 March/12 April 1892, modified by Law of 20 November/3 December 1905. 



576 coisrsTiTUTioisrs of the states at war. 

The president of the Court of Cassation ranks as member of the 
Council of State. 

Art. 150. No one can be cited before a tribunal nor tried by a 
tribunal other than that on which he is dependent legally. 

Art. 151. In order that a tribunal may render justice, there must 
be at least three judges sitting. 

However, it can be established by a law that a single judge is 
suiScient to pronounce on matters of little importance, civil or penal. 

Art. 152. The trials of tribunals are public, except in cases where 
the judges find that secret sessions are in the interest of public order 
or morals. 

The judges deliberate and vote secretly, but the decision is pro- 
nounced aloud and publicly. 

Every judgment and every sentence must contain the grounds and 
the enunciation of the articles of the law by virtue of which they are 
rendered. 

Art. 153.^ Every person accused of a crime must be provided with 
counsel from the time of his accusation. If he does not designate 
his counsel himself, the tribunal must provide one for him officially. 
The accused may, if he wishes, have counsel even during the pre- 
liminary examination. 

Art. 154. All judges are named by the King. 

The presidents of tribunals of first instance are chosen among the 
candidates figuring on two lists, of which one is proposed by the 
Court of Cassation and the other by the Court of Appeal. 

The presidents and the members of the Courts of Cassation and 
of Appeal are also chosen from among the candidates figuring on 
two lists, of which one is proposed by the Council of State and the 
other by the Court of Cassation. 

Each of these lists must contain twice as many candidates as there 
are vacant places. The same persons can be carried as candidates on 
both lists. 

Judges of the tribunals of first instance are named according to a 
list proposed by the Minister of Justice, the presidents of the Courts 
of Cassation and of Appeal. The list must contain a number of can- 
didates equal to double the number of vacant seats to be filled.- 

Art. 155. Those can not be judges at the same time in a tribunal, 
or render justice there together, who are relatives in direct line as- 
cending or descending in any degree whatever, collaterals up to the 
fourth degree, related by marriage to the second degree inclusive. 

Art. 156. No one can be judge if he is not a Serbian, and if, inde- 
pendently of the general conditions required by the law for admission 
to a public employment, he has not finished regularly the courses of 

lAs amended, 5/18 June 1903. 

2 This paragraph was added, 5/18 June 1903. 



SERBIA. 577 

a faculty of law in Serbia or abroad. No one can be judge in a 
tribunal of first instance if he is not 25 years old, and in a superior 
court if he has not passed 30 years of age. 

No one can be president of a tribunal of first instance, or judge of 
a Court of Appeal, if he has not served at least 5 years as judge in 
tribunals of first instance or as secretary to the Minister of Justice or 
in a superior court or as titular professor of law in the Faculty of 
Belgrade, or if he has not practiced for 7 years the profession of 
advocate. 

No one can be president of a Court of Appeal, nor president or 
member of the Court of Cassation, if he has not, independentl}^ of 
the conditions set forth in Paragraph 1 of the present article, served 
for 10 years as judge or as titular professor of law in the Faculty of 
Belgrade, or if he has not practiced for 10 years the profession of 
advocate, or if he has not been for 5 years member of the Court of 
Appeal or president of a tribunal of first instance, or if he has not 
been Minister of Justice. 

No one can be proposed or named as president or as judge of any 
tribunal whatever, who, in consequence of a judgment of the Court 
of Cassation relative to a disciplinary offense, shall have lost his posi- 
tion in the magistracy, or, in consequence of a conviction by a regular 
tribunal for an offense or crime of common law, shall have been 
eliminated from the magistracy. 

The above provisions are not applicable to the judges who are not 
functionaries of the State. 

Art. 157. The irremovability of their functions is assured to 
judges. 

A judge can not be dismissed or recalled on any ground from 
his functions against his will, unless it be by virtue of a judg- 
from his functions against his will, unless it be by virtue of a judg- 
ment by a regular tribunal or of a judgment by the Court of Cassa- 
tion for a disciplinary offense. 

A judge can not be cited before the court for his official acts with- 
out the assent of the Court of Cassation. 

A judge can only be transferred if he declares in writing that he 
accepts his new destination. 

A judge can not be retired against his will, unless he is 60 years 
old or has had 40 years of service, or unless his physical or intellec- 
tual infirmities render him unfit for service. However, in this last 
case, it is necessary that his retirement be pronouiiced by sentence 
of the Court of Cassation. 

Art. 158. A judge can not accept any other employment in the 
public administration, except the functions of honorary professor in 
the Faculty of Law. 



578 CONSTITUTIONS or THE STATES AT WAR. 

He can not be assigned/ even temporarily, to any other employ- 
ment, remunerative or honorary. 

Art. 159. A special law regulates the composition, organization 
and compentence of military tribunals, as well as the conditions 
which those who administer justice therein must fulfill. 

Part IX. — Departments, Arrondissements and Communes. 

Art, 160. In the departments, beside the administrative authori- 
ties representing the State, the departmental assemblies and the per- 
manent commissions function as autonomous powers. These powers 
are called to watch over the departmental interests in the matter 
of public instruction, industry, ways of communication, hygiene and 
finances, and to work for their development.^ 

Art, 161. The communes are autonomous. 

The administration of communal interests is confided to the com- 
munal tribunals, to the municipal councilors and to the general as- 
semblies of the communes. 

Art. 162. The municipal elections take place by direct suffrage. 

Art. 163. In municipal and departmental elections, every Serbian 
citizen under the jurisdiction of the commune or of the department 
respectively who, besides the conditions prescribed by the law, pays to 
the State 15 francs of direct taxes per annum, including the addi- 
tional centimes of the State,^ is an elector. 

Every member of a family association who is 21 years old is an 
elector, whatever may be the assessment of direct taxes which he 
pays. 

Art. 164. The communal authorities, as well as the departmental 
assemblies and the permanent commissions, are rec[uired, outside of 
the administration of the communal and departmental interests, to 
give their care to the affairs of the State which are entrusted to them 
by the laws. 

Art. 165. No new commune can be instituted, no existing commune 
can modify its boundaries, without the approval of the legislative 
authority. 

Art, 166. Every citizen, as well as all real estate, constitutes part 
of a commune and must share in the expenses of the commune, the 
arrondissement and the department. 

Art. 167. Additional centimes can not be deducted previously from 
a department or an arrondissement without the assent of the de- 
partmental assembly. Likewise, additional centimes can not be 
imposed upon the communes without the consent of the communal 
assembly. 

1 The words " against his will " were omitted, 5/18 June 1903. 

2 An additional sentence was omitted, 5/18 June 1903. 

3 " Including the additional centimes of the State " was added, 5/18 June 1908. 



SEEBIA. 579 

Similarly, the departments, arronclissements and communes can 
not contract loans without the previous authorization of the depart- 
mental and communal assemblies interested. 

The law shall determine the cases where, to institute additional 
centimes and to contract the loans in question, the consent of the 
legislative power or of another power of the State shall be necessary. 

Art. 168. Departments, arrondissements and communes can hold 
property with the same right as individuals. 

Art. 169. The attributions and the organization of the autonomous 
departmental, arrondissement and communal powers, as well as their 
relations with each other and ^ with the different powers of the State, 
shall be determined by a special law.^ 

Part X. — Finances, Economy, and Domain or the State. 

Art. 170. Every Serbian is required to pay the impost to the State. 

The impost is assessed proportionately to the wealth: 

Art. 171. No one can be released from the obligation to pay the 
imposts outside of the cases provided by the law. 

The King and the heir to the throne do not pay taxes. 

Art. 172. No pension, relief or any reward whatever can be paid 
by the treasury, unless by virtue of a legal prescription. 

Art. 173. Each year the National Skupshtina approves the budget 
of the State, which is valid for one year only.^ 

The budget must be presented to the National Skupshtina at the 
very beginning of the session. At the same time the National 
Skupshtina must be put in possession of rectificative tables of the 
fiscal year closed. 

All receipts and expenditures of the State must figure in the bud- 
get as well as in the rectificative tables. 

The Skupshtina can not augment the credits proposed by the 
budget bill ; but it can reduce them or even suppress them entirely.* 

The economies realized on certain credits allowed to one part or 
to one year of the budget can not be transferred to another part or 
year — except in the case where these transfers shall be approved by 
the legislative power.* 

Art. 174. If the National Skupshtina can not vote the new budget 
before the beginning of the fiscal period, it can apply, provisionally, 
the budget of the fiscal period just ended until the adoption of the 
new budget. 

1 " With each other and " was inserted, 5/18 June 1903. 

- Law of 18/31 March 1905 on the organization of departments and arrondissements. 
Law of 5/18 June 1903 on the communal organization, modified by the law of 3/16 De- 
cember 1905. 

s The budgetary year commences 1 November. 

*As modified, 5/18 June 1903. 



580 CONSTITUTIONS OF THE STATES AT WAR. 

If the National Skupshtina is dissolved or prorogued before the 
vote on the budget, the King, in concert with the Council of State.^ 
can order the application of the budget of the fiscal period just 
closed for a period of four months at the most. 

Art. 175. The mines belong to the public domain. 

Art. 176. The right of monopoly belongs to the State. The State 
can grant this right to a third party, but only by virtue of a law and 
for a determined time. 

Likewise, a concession can not be granted except by virtue of a law 
and for a determined time. 

Mine concessions shall be granted by a special law.^ 

Art. 177. The domain of the State is composed of all the property, 
real and personal, as well as all the rights of possession which the 
State acquires or possesses in itself. 

It is only by virtue of a law that property of the domain can be 
alienated or hypothecated, or their revenues engaged or encumbered 
with other charges. 

Art. 178. The domain of the State is distinct from the private 
domain of the King, of which he can dispose freely during his life- 
time and by act of last will conformably to the provisions of the 
Civil Code. 

Paragraph 2 of Article 40 of the present Constitution is not ap- 
plicable to the domain of the King. 

The expenditures for the maintenance of those of the properties of 
the State of which the King has the enjoyment gratuitously are sup- 
ported by the civil list. 

Part XL — The Court of Accounts. 

Art. 179. In view of the control of the accounts of the different 
services of the State the Court of Accounts is instituted functioning 
as an independent administration. A law shall determine the cases 
wherein complaint can be lodged with the Court of Cassation against 
the decision of the Court of Accounts. 

The Court of Accounts is composed of a president and four mem- 
bers. The president, as well as the members of the Court of Ac- 
counts, are chosen by the National Skupshtina among the candidates 
proposed by the Council of State. This list of candidates must al- 
ways contain twice as many names as there are vacant seats. 

The members of the Court 'of Accounts have the rank of the mem- 
bers of the Court of Cassation and its president has the rank of a 
councilor of State. 

Art. 180. Serbian citizens can be members of the Court of Ac- 
counts, who have completed the study of law in Serbia or abroad, 

1 This phrase was inserted, 5/18 June 1903. 

2 This paragraph was added, 5/18 June 1903. 



SERBIA. 581 

and who, besides, have served 10 years in one of the services of the 
State; or who have served 10 years as high functionaries in the 
Department of Finances, and who, appointed by decree, have had 
10 years of active service.^ However, the president of the Court of 
Accounts and two of its members must have completed their law 
studies.' 

The president and the members of the Court of Accounts are 
irremovable.^ They can not be dismissed from the service except 
by virtue of a judgment rendered by the tribunals of the country, 
nor transferred to another post unless w^ith their formal consent 
recorded in a written declaration. They can only be retired if they 
have had 40 years of service or if they have passed 65 years or if their 
state of health renders them unfit to continue their service. 

Art. 181. The Court of Accounts makes revision, rectification and 
deduction of the accounts of the general administration, as well as 
all administration of funds depending on the treasury. It sees that 
the different credits granted by the budget are not exceeded and that 
no exchanges are made. It closes the accounts of all the public 
administrations and it is required to collect all vouchers and all 
information necessary. 

The general account is presented to the National Skupshtina with 
the observations of the Court of Accounts within a period of two 
years from the closing of each fiscal period. 

A special law shall determine more closely the organization and 
the attributions of the Court of Accounts, as well as the mode of 
recruiting its personnel.* 

Part XII. — The Services or the State. 

Art. 182. All citizens Serbian by birth have equal rights to all the 
employments of the different branches of the services of the State, 
provided they fulfill the conditions required by the laws. 

Naturalized Serbians have a right to public employments, provided 
they have five years of residence in Serbia. 

Foreigners, as well as naturalized Serbians, who do not have five 
years of residence in Serbia, can be admitted to public employment, 
but under contract only and in cases determined previously by the 
law. 

Art. 183. In the nomination and advancement of functionaries 
account shall be taken of good conduct, aptitudes and special attain- 

1 "And who . . . service " was added, 5/18 June 1903. 

2 A paragraph of the Constitution of 1888 making transitory provisions was omitted in 
the Constitution of 1903. 

* The wording of this sentence was slightly modified, 5/18 June 1903. 

* Law of 1/13 May 1892. 



582 CONSTITUTIONS OF THE STATES AT WAE. 

ments. As a control of the special attainments, there shall be grad- 
ually instituted State examinations in all the branches of the public 
administration. 

Art, 184. Every functionary is responsible for his official acts 
without regard to the one who has given him orders.^ 

Art. 185. Functionaries, on their entrance into the service of the 
State, take the oath of obedience and of fidelity to the King and 
swear to observe conscientiously the Constitution. 

Art. 186. Employment in the services of the State, as well as the 
salaries of the functionaries in the different branches, are fixed by 
the law. 

Art. 187. The institution of retirement pensions is maintained. 
The law determines the considerations which can give a functionary 
a right to retirement as well as those who can bring about his retire- 
ment. 

Art. 188. For the pension to the orphans and to the widow of a 
functionary, there is maintained the special fund constituted by the 
payments deducted from the salaries and the retirement pensions of 
the functionaries. 

Part XIII. — The Church, Schools and Benevolent Institutions. 

Art. 189. The interior administration of the Orthodox Church 
belongs to the Synod. 

For other cults, the administration of the internal affairs belongs 
to the competent spiritual authorities. 

The spiritual organs, as well of the Orthodox Church as of other 
cults recognized in Serbia, are under the surveillance of the Minister 
of Cults. 

The organization of the spiritual authorities and of the seminaries 
of the Orthodox Church is furnished by a law after agreement of 
the Minister of Cults with the Synod. 

Art. 190. The spiritual authorities have right of jurisdiction over 
ecclesiastics for offenses committed in their spiritual functions, ex- 
cept crimes dependent on the Penal Code. 

Complaints of abuse, directed against the spiritual authorities of 
any one of the cults practiced in the country, are handed over to the 
Minister of Cults. 

Ecclesiastical persons and the spiritual powers depend on the com- 
mon laws of the country in what concerns their civil acts and their 
property. 

Art. 191. The correspondence of the spiritual authorities of the 
Orthodox Church with the spiritual authorities, councils and synods 
abroad is submitted to the approval of the Minister of Cults. 

1 " Without . . . orders " was added, 5/18 June 1903. 



SERBIA. 583 

The correspondence of the ministers of the other cults professed 
in Serbia with the spiritual authorities, councils and synods abroad 
must also be submitted to the approbation of the Minister of Cults. 

No act emanating from the spiritual authorities, councils and 
synods abroad can be published by any spiritual authority whatever 
in Serbia, nor receive its execution, except with the knowledge and 
authorization of the Minister of Cults. 

Art. 192. All public and private schools and other educational es- 
tablishments are placed under the surveillance of the State.^ 

Art. 193. Charitable establishments, foundations for instruction 
and other philanthropic works, instituted by individuals during 
their life or by last act of will, by means of donations or of legacies, 
or by the creation of funds, shall have the right of existence only 
so long as these works shall have received the authorization of the 
State by virtue of the laws of the country. But the property of these 
institutions can not be considered as property of the State, nor be 
diverted from the destination which has been assigned them by their 
founders. 

In the case only where, in time, because of changes occurring in 
the social state, or for any cause whatever, it becomes impossible to 
devote them to their primitive destination, the property of these in- 
stitutions can, by virtue of a decision of the legislative power and 
on the proposal of the persons charged with their management, 
receive another analogous destination. 

A law shall fix the procedure to be followed in the matter, as well 
as the rights and duties of the persons charged with the administra- 
tion of these works of charity and foundations, and shall determine 
the measure in which the surveillance of the State shall be exercised. 

Part XIV. — The Army. 

Art. 194. Every Serbian is required to serve in the army. 

The length of the military service, the modes of service and the 
cases of exemption from personal service are fixed by a special law. 

The law determines likewise what are the grades in the army, how 
the grades are conferred and what are the circumstances which can 
cause the loss of these grades. 

Art. 195. The organization of the army is the object of a special 
law, and its formation is determined by way of royal ordinance. 

Art. 196. The budget of each year shall determine the effectives 
of the permanent army for the current fiscal period. 

Art. 197. Soldiers with the colors are justiciable in penal matters 
by the military tribunals which determine according to the prescrip- 
tions of the military jurisdiction. 

1 Law of 19 April/2 May 1904 concerning national primary schools (in 87 articles). 
Law of 27 February/12 March 1905 creating a University of Belgrade. 



584 CONSTITUTIONS OF THE STATES AT WAR. 

The regulations concerning military discipline and disciplinary 
penalties are published by royal ordinance. 

Art. 198. No one can enter the service of the State, if he has not, 
according to the prescriptions of the military laws, performed his 
service in the army, or if he is not exempt from the service. 

Art. 199. Foreign troops can not be taken into the service of the 
State. Every convention stipulating that a foreign army shall oc- 
cupy the Serbian territory or traverse this territory is valid only if 
it is consented to by the National Skupshtina. Likewise the Serbian 
army can not be placed at the service of another State withovit the 
consent of the National Skupshtina. 

Part XV. — The Revision of the Constitution. 

Art. 200.^ Propositions tending to introduce modifications or ad- 
ditions to the Constitution or to interpose one of its provisions may 
be presented by the King or by the National Skupshtina. 

A proposition of this kind must contain the formal enunciation of 
all the points of the Constitution on which can be brought forward 
amendments, additions or proposed interpretations. 

If the proposition is presented by the King, it shall be communi- 
cated to the National Skupshtina. The Skupshtina shall then be 
dissolved, and the Grand National Skupshtina shall be convoked 
w^ithin a period of four months at the most. 

If, on the contrary, a proposition of this kind proceeds from the 
initiative of the Skupshtina, it must be voted by the Skupshtina at 
two different times and with 10 days' interval between the two con- 
secutive votes. 

The proposition shall be considered as adopted, if the absolute ma- 
jority of the deputies determined by the Constitution has voted in 
favor of the proposition. 

The proposition having been adopted in this manner, the Skupsh- 
tina shall be dissolved, and the Grand National Skupshtina shall be 
convoked within a period of four months at the most, counting from 
the day of the adoption of the proposition. 

In each of the two cases, the Grand National Skupshtina shall have 
power to decide only on the amendments and additions to be intro- 
duced into the Constitution and the interpretations of the Constitu- 
tion contained in the proposition in view of which it has been con- 
voked. 

The decisions of the Grand National Skupshtina adopted by the 
absolute majority of the deputies determined by the Constitution 
shall be executory when they shall have been sanctioned by the King. 

1 As amended, 5/18 June 1903. 



SERBIA. 585 

Transitory Provisions. 

Art. 201.^ — I. Kino; Peter I shall take the oath prescribed by 
Article GO of the present Constitution before the national repre- 
sentation. This national representation shall preserve its mandate 
until the first elections of the Skiipshtina. 

II. At the moment of the publication of the present Constitu- 
tion the following laws are recalled into force, in so far as they are 
not in opposition with the provisions of the present Constitution : 

1. Tlie Electoral Law of 25 March 1890,'' with the moditications and addi- 
tions of 28 January 1891. The periods indicated by this law must be ad- 
vanced, regard had to the day fixed for the election (Article 100). 

2. The Law on the Internal Regulation of the National Skupshtina of 1 
Novfmhpr 1889, including the modifications of 28 .January 1891. 

•S. The Law on Ministerial Responsibility of ,80 .Taniiary 1891. 

4. The Law on the Organization of the Council of State of 21 December 
1901, and the Law on the Internal Regulation of the Council of State of 31 
January 1902. 

5. The Law on the Oi'ganization of the Court of Accounts of 1 May 1892„ 

6. The Law on the Administrative Division of the Kingdom of Serbia of 
15 March 1890. with the modifications and additions of 31 March 1891, 9 
May 1894, 17 February 1896, 5 January 1899, 24 January 1900, 31 March 1902 
and 10 April 1902. 

7. The Connnunal Law of 21 March 1902. 

8. The Law on Public Meetings and Associations of 31 March 1891. 

9. The Law on the Press of 31 March 1891. 

From this moment all laws and ordinances, so far as they are con- 
trary to the present Constitution, or indeed to the laws just men- 
tioned, shall be considered as abrogated. 

III. The King shall name by decree and from this moment the 
president, the vice-president and the members of the Council of State,, 
who shall have to fulfill the functions specified by the present Con- 
stitution, until the first, National Skupshtina at its ordinary session- 
shall have proceeded to their nomination conformably to the provi- 
sions of Article 140 of the present Constitution. 

The present councilors of State are relieved from their functions. 

The president and the members of the Court of Accounts shall 
continue to fulfill their functions until they have been reappointed 
conformably to the provisions of the present Constitution and during 
the first ordinary session of the National Skupshtina. 

Likewise, the presidents and the judges of the Court of Cassation, 
of the Court of Appeal and of the tribunals of first instance shall 
continue to fulfill their functions. 

As soon as the Council of State shall have been constituted con- 
formably to the present Constitution (Article 140), it shall proceed 
to the election of the president and the members of the Court of • 
Cassation and shall submit to the King the list of the chosen. 

1 As amended, 5/18 June 1903. 

2 This and all the dates mentioned in this article are old styles. 

88381—19 38 



586 CONSTITUTIONS OF THE STATES AT WAR. 

The president and the members of the Court of Cassation shall 
enter upon their functions as soon as the King shall have appointed 
them. 

The president and the members of the Court of Appeal are chosen 
and appointed conformably to Article 154 of the present Consti- 
tution. 

The presidents and the judges of the tribunals of first instance are 
chosen and appointed in the manner provided by Article 154 of the 
present Constitution. 

IV. The law on the budget of the State of 4 April 1903 shall 
remain in force. 

Art. 202.^ From the day of the promulgation of the present Con- 
stitution, the Constitution of 6 April 1901 [old style] shall be 
abrogated, as well as all laws and ordinances, in so far as they are 
contrary to the present Constitution. 

The Council of Ministers is required to promulgate inmiediately 
the present Constitution in the Oficial Journal. 

1 As amended, 5/18 June 1903. 



SIAM. 

Siam is an absolute monarchy, in which the King exercises the 
executive power, supported and advised by a Cabinet {Senahodi) 
consisting of the heads of the various departments : Foreign Affairs, 
Interior, Justice, Finance, Public Instruction, Public Works, War, 
etc. Many of the portfolios are held by the King's half-brothers and 
uncles. There is no written Constitution. The Law of 8 May 1874, 
constituting a Council of State, has now been superseded by the Royal 
Decree of 10 January 1895, creating a Legislative Council, which is 
composed of the Ministers of State {ex-o^clo members) and others, 
not less than twelve in number, appointed by the King. In the pre- 
amble of the Royal Decree it is stated that the object of this body is 
to revise, amend and complete the legislation of the kingdom. It is 
to meet at least once a week, and it may appoint committees of three 
or four members, with the addition of competent outsiders who must 
not outnumber the members. An important article gives the Legis- 
lative Council power to promulgate laws without the royal assent in 
the event of any temporary disability of the King. At other times 
the royal signature is indispensable. This Council has shown con- 
siderable legislative activity. Through the Declaration, signed at 
London, 15 January 1896,^ the integrity of Siam was assured by 
France and Great Britain.^ 

1 English and French texts in parallel columns in the British and Foreign State 
Papers, 88 : pp. 13—16 ; the English text also appears in Papers Relating to the Foreign 
Relations of the United States, 1896 (Washington, 1897), pp. 139-140. 

* These paragraphs are hased upon The Statesman's Year Book (1918) and Paul Pose- 
NER, Die Staatsverfassungen des Erdballs (Oharlottenburg, 1909), p. 934. 

587 



TURKEY. 

Until 1908 the government of the Sultan {padishah) was an 
tibsolute monarchy in the full sense of the term, there being no 
counterbalance to its authority. However, the reforms attempted 
since 1839 in the political and administrative field, often under the 
pressure of the European Powers, may be considered as a sort of 
step toward the political transformation of 1908. 

The Hatt-i-sherlf of 3 November 1839 (26 Shaaban 1255), the first 
program of these reforms, provided expressly that the national insti- 
tutions should guarantee henceforth to all Ottoman subjects, without 
distinction of race or cult, " a perfect security as to their life, honor 
and fortune." The reforms especially announced were financial and 
military, but from 1839 to 1856 few of these reforms were brought 
about. 

A second act, the Hatt-i-humayoun ^ of 18 February 1856 (10 
Jornada I 1272), emanating from tlie initiative of the Sultan, but 
inspired likewise by the Powers, developed the program of 1839, 
promising equality of all before the law, respect of property, free- 
ilom of worship, equality of taxation, publicity of trials, equality of 
witnesses, abolition of confiscation and torture, etc. But the majority 
of these reforms were yet to remain dead letters. 

Dating from 1859 the European Powers began to interfere 
seriously in the internal affairs of the Ottoman Empire. Russian 
and English projects for reform resulted in the promulgation of a 
real Constitution on 23 December 1876 (7 Dulkaada 1293) and the 
first Ottoman Parliament opened on 19 March 1877. But the war 
with Russia broke out the following month and subsequently the 
Parliament was prorogued indefinitely. The Treaty of Berlin of 13 
July 1878, which removed important provinces from Turkey, im- 
posed different engagements upon it, bearing notably upon freedom 
of conscience and of worship, admissibility to public employment, 
freedom of non-Mussulman communities (Article 62), and "improve- 
ments and reforms required by local needs in the provinces inhabited 
by the Armenians" (Article 61). The Turkish Constitution of 1876, 
after having remained a dead letter for 30 years, was put back into 

1 The Hatt-i-humayoun and the Hatt-i-sherif were rescripts emanating directly from 
the Sultan and preceded by the formula, " Let it be done conformably to the contents," 
written in the Sultan's hand. 

589 



590 CONSTITUTIONS OF THE STATES AT WAR. 

force by a Hatt-i-humayoun of 2 August 1908, under the influence of 
the Young Turk party, and within a year afterwards was revised, 
19 articles being modified.^ 



CONSTITUTION OF 23 DECEMBER 1876, AS AMENDED IN 1909.=^ 

The Ottoman Empire. 

Article 1. The Ottoman Empire comprises the existing territories 
and divisions and the privileged provinces. It forms an indivisible 
whole, and can never allow any part to be detached for any reason 
whatever. 

Art. 2. Constantinople shall be the capital of the Ottoman Em- 
pire. That city shall possess no privilege or immunity not enjoyed 
by other Ottoman towns. 

Art. 3.^ The imperial Ottoman sovereignty, which carries with it 
the Supreme Caliphate of Islam, falls to the eldest prince of the 
House of Osman, according to the rule established ab antiquo. On 
his accession the Sultan shall swear before Parliament, or, if Parlia- 
ment is not sitting, at its first meeting, to respect the provisions of 
the Sheri * and the Constitution, and to be loyal to the country and 
the nation.^ 

Art. 4. As Caliph, His Imperial Majesty the Sultan is the pro- 
tector of the Mussulman faith; and he is the ruler and padishah of 
all Ottoman subjects. 

Art. 5. The person of His Imperial Majesty the Sultan is sacred 
and irresponsible. 

Art. 6. Liberty of the members of the dynasty of Osman, their 
property, both real and personal, and the civil list granted them for 
life by the law ad hoc are under the guarantee of all. 

Art. 7.^ Among the sacred prerogatives of the Sultan are the 
following: The mention of his name in prayers; the minting of 
money; the granting of high public offices and titles, according to 
the law ad hoc,' the conferring of orders ; the selection and appoint- 

1 These introductory paragraplis are based upon P. R. Daebste et P. Dakeste^ Les 
Constitutions modernes (3d edition, Paris, 1910), vol. ii, pp. 319-321. 

2 Translation based upon that in the British and, Foreign State Papers, 102 : pp. 819- 
833. French translation in Daebste^ op. cit., pp. 323-343. English translation of the 
original Constitution appears in the British and Foreign State Paper, 67 : pp. 683-698. 
German translation in Paul Posenee^ Die Staatsverfassungen des Erdhalls (Charlotten- 
burg, 1909), pp. 892-904. The above is a translation of the Constitution as it stood 
on 1 May 1912, according to the " Official Almanac " (Sal Name) and the " Official 
Gazette" (TakvimA-Vekai) . 

3 As amended in 1909. 

*The ecclesiastical or. canon law. 

s The sentence concerning the oath was added in 1909. 



TURKEY. 591 

ment of the Grand Vizier and the Sheik-ul-Islam ; the confirmation 
in their offices of the members of the Cabinet formed and proposed 
bj^ the Grand Vizier, and, if need arise, the dismissal and replace- 
ment of ministers according to established practice; the approval 
and putting into force of general laws; the drawing up of regula- 
tions concerning the working of government departments and the 
method of administering tlie laws; the initiative in all kinds of 
legislation; the maintenance and execution of the canon and civil 
laws; the appointment of persons to the privileged provinces ac- 
cording to the terms of their privileges; the command of the mili- 
tary and naval forces; the declaration of Avar and the making of 
peace; the reduction and remission of sentences passed by penal 
courts; the granting of a general amnesty with the approval of 
Parliament; the opening and closing of the parliamentary sessions; 
the summoning of Parliament before its time in extraordinary cir- 
cumstances; the dissolution of the Chamber of Deputies if necessary, 
with the consent of the Senate, on condition that the elections take 
place and the Chamber assembles within three months ; and the con- 
clusion of treaties in general. 

Only, the consent of Parliament is required for the conclusion of 
treaties which concern peace, commerce, the abandonment or annexa- 
tion of territory, or the fundamental or personal rights of Ottoman 
subjects, or which involve expenditure on the part of the State. In 
case of a change of Cabinet while Parliament is not sitting, the 
responsibility arising out of the change rests upon the new Cabinet. 

The Public Eights of Ottomans. 

Art. 8. All subjects of the Ottoman Empire, without exception, 
are styled Ottoman, whatever may be their faith or creed. The 
character of Ottoman subjects can be obtained or lost in the cases 
specified by law. 

Art. 9. All Ottomans enjoy personal liberty, and they are bound 
not to interfere with the liberty of others. 

Art. 10.^ Personal liberty shall be absolutely inviolable. Except 
for the reasons and in the manner prescribed by the canon and the 
civil law, no one shall be arrested or punished on any pretext what- 
soever. 

Art. 11. The religion of the Ottoman State shall be the Mussul- 
man religion ; but, while maintaining this principle, the State shall 
protect the free exercise of all the religions recognized in the Otto- 
man dominions, and shall maintain as hitherto the religious privi- 
leges granted to the various communities, provided that they do not 
disturb public order and are not harmful to public morals. 



^ As amended in 1909. 



592 coisrsTiTUTioisrs or the states at war. 

Art. 12.^ The press shall be free within the limits prescribed by 
law. It can not be subjected to inspection or examination of any 
Mnd before printing. 

Art. 13. Ottoman subjects shall be at liberty to form companies of 
-all kinds for commerce, industry or agriculture, within the limits 
prescribed by the laws and regulations. 

Art. 14. One or more persons of Ottoman nationality shall have 
the right to present petitions to the proper authority with regard 
to breaches of the laws and regulations, whether their personal in- 
terests or those of the public be prejudiced; they shall also have the 
right to present signed petitions to Parliament complaining of the 
conduct of State officials. 

Art. 15. There shall be freedom of education. Every Ottoman 
shall be at liberty to attend any course of instruction, whether pub- 
lic or private, so long as he conforms to the laM^ 

Art. 16. All schools shall be under the supervision of the State. 
The necessary steps shall be taken, whereby the education of Otto- 
man subjects may be unified and organized; but there shall be no 
interference with the religious education of the various communi- 
-ties. 

Art. it. All Ottomans shall be equal before the law, and shall 
have equal rights in, and equal duties towards, their country, with- 
t)ut prejudice to their religious affairs. 

Art. 18. A knowledge of Turkish, which is the official language 
of the State, is essential to the employment of an Ottoman subject 
in the service of the State. 

Art. 19. The government service shall be open to all Ottoman 
subjects, according to their capacity and ability. 

Art. 20. Taxes which it has been decided to levy shall be dis- 
tributed among all Ottoman subjects in accordance with the regu- 
lations od hoc and in proportion to the taxable capacity of each 
person. 

Art. 21. To everyone shall be assured the ownership of the real 
and personal property to which he has a regular title. The real 
property possessed by any person can not be taken unless the expro- 
priation is proved to be necessary in the public interest and the 
value of the property is paid in advance according to the law. 

Art. 22. The dwelling-place and residence of every person in the 
Ottoman dominions shall be inviolable. The government may not 
make a forcible entry into any one's dwelling-place or residence for 
.any reason whatsoever, except in the cases laid down by law. 

Art. 23. No one shall be bound to appear before a court not being 
the competent court under the law on judicial procedure which is to 
be drawn up. 

1 As amended in 1909. 



TURKEY. 593 

Art. 24. Tlie confiscation of property, forced labor and exactions 
of money are forbidden; bnt there are exceptions in the case of taxes 
regularly levied and measures regularly adopted in time of war. 

Art. 25. Except in virtue of a law, no sum of money shall be 
levied as tax or impost, or under any other name. 

Art. 26. Torture of every kind whatsoever is categorically and 
absolutely forbidden. 

The Cabinet. 

Art. 27.^ Just as His Imperial Majesty the Sultan entrusts the 
posts of Grand Yizier and Sheik-ul-Islam to men in whom he has 
confidence, so the other ministers, who are approved and proposed 
by the Grand Vizier entrusted with the formation of the Cabinet, 
are confirmed in their offices by imperial irade. 

Art. 28. The Council of Ministers shall meet under the presidency 
of the Grand Vizier. It shall deal with affairs of importance, both 
home and foreign. Such of its decisions as need the imperial assent 
shall be put into force by imperial irade. 

Art. 29. Each minister shall deal, according to practice and within 
the limits of his attributions, with affairs concerning his depart- 
ment, and those matters with which he is not competent to deal he 
shall refer to the Grand Vizier. In the case of matters which need 
the imperial sanction, those which do not need discussion shall be 
submitted directly to the Sultan by the Grand Vizier; those which 
need discussion shall be submitted when they have been discussed 
in the Cabinet. The Grand Vizier shall also communicate the 
decision of the Council of Ministers in cases where the imperial 
sanction is not necessary. The various classes and categories of 
business shall be determined by a special law. 

The Sheik-ul-Isiam shall communicate directly to the Sultan 
those matters which do not need discussion.- 

Art. 30.^ Ministers shall be responsible to the Chamber of Depu- 
ties collectively for the general policy of the government and per- 
sonally for the affairs of their respective departments. Decisions 
which need the imperial sanction shall only become valid if signed 
by the Grand Vizier and the minister concerned, who thus accept 
the responsibility, and countersigned by the Sultan. Decisions 
arrived at by the Council of Ministers shall bear the signatures of 
all the ministers, and, in cases where the imperial assent is necessary, 
these signatures shall be headed by that of His Imperial Majesty 
the Sultan. 

'^ As amended in 1909. 

- This sentence was added in 1909. 



594 CONSTITUTIONS OF THE STATES AT WAE. 

Art. 31. If one or more members of the Chamber of Deputies 
wish to bring a complaint against a minister with regard to a matter 
affecting his responsibility and coming within the powers of the 
Chamber, a note containing the complaint shall be handed to the 
president of the Chamber of Deputies to be examined by the com- 
mittee appointed, according to the rules of the Chamber, to decide 
whether such matters shall be referred to the Chamber or not. ■ This 
note shall be sent to the committee by the president within three 
days, and the committee shall make the necessary investigations and 
obtain sufficient explanations from the person against whom the 
complaint is made. If the committee decides by a majority that 
the complaint is a matter for discussion, its decision to this effect 
shall be read in the Chamber of Deputies. If necessary, the person 
complained of shall be summoned to appear, and his explanations, 
given either by himself or by his deputy, shall be heard. If the 
decision is adopted by an absolute majority of two thirds of the 
membership of the Chamber, a report asking for the trial of the 
person concerned shall be presented to the Grand Vizier, who will 
submit it for the Sultan's sanction and will transmit it to the High 
Court in virtue of an imperial irade. 

Art. 32. The method of trying ministers who have been indicted . 
shall be determined by a law ad hoc. 

Art. 33. There shall be no difference between ministers and other 
Ottoman subjects with regard to actions which only concern them 
personally and do not arise out of their public functions. Such mat- 
ters shall be dealt with by the ordinary courts which have jurisdic- 
tion in such cases. 

Art. 34. A minister who has been indicted by the Charges Cham- 
ber of the High Court shall be suspended until his innocence is es- 
tablished. 

Art. 35.^ If a divergence of views arises between the Cabinet and 
the Chamber of Deputies, and the Cabinet persists in its view while 
the Chamber categorically and repeatedly rejects it, the Cabinet shall 
either accept the Chamber's decision or resign. In case of resigna- 
tion, if the new Cabinet persists in the view held by its predecessor 
and the Chamber again rejects it, giving its reasons for so doing, His 
Imperial Majesty the Sultan may dissolve the Chamber on condition 
that the elections are begun according to Article 7; but if the new 
Chamber maintains and persists in the view held by its predecessors, 
the view and decision of the Chamber must be accepted.^ 

Art. 36.^ If, while Parliament is not sitting, there appears an 
urgent necessity to guard the State from harm or the public safety 
from danger, and the time does not permit the summoning and as- 

1 As amended in 1909. 

2 The clause giving the Chamber the final decision was added in 1909. 



TURKEY. 595 

sembly of Parliament for the discussion of the necessary law on the 
subject, decisions of the Council of Ministers, provided they are 
not contrary to the provisions of the Constitution and are sanctioned 
by imperial irade. shall have the force of temporary laws until 
Parliament meets and gives a decision; but they must be submitted 
to the Chamber of Deputies at its first sitting. 

Art. 37. Every minister has the right to be present at a sitting of 
either liouse whenever he wishes, or to send one of the chiefs of his 
department to represent him. He also has the precedence of private 
members in making speeches. 

Art. 38. If the Chamber of Deputies decides by a majority to sum- 
mon a minister in order to ask for an explanation of some matter, he 
shall either appear in person or send one of the chiefs of his depart- 
ment and make answer to the questions asked; or if he thinks it 
necessary, he has the right to ask, on his own responsibility, that his 
reply may be postponed. 

If, as the result of an interpellation, the Chamber of Deputies 
passes a vote of no confidence by a majority, the minister falls. If a 
vote of no confidence is passed on the Premier, the whole Cabinet 
falls. 1 

Public Officials. 

Art. 39. All public officials shall be selected for posts for which 
they are qualified by capacity and merit, according to conditions to 
be laid down by law. Officials thus selected can only be dismissed 
or changed, if it is proved that their conduct gives legal justification 
for their dismissal, if they resign, or if the government thinks such 
a course necessary. Officials of good conduct and probity and those 
whom the government is compelled for some reason to put en dis- 
ponihilite shall obtain promotion or pensions or an allowance as en 
disponibilite on conditions to be laid down by law. 

Art. 40. The attributions of every post shall be laid down by spe- 
cial regulation, and every official shall be responsible within the 
limits of his attributions. 

Art. 41. Every official must respect his superior ; but his obedience 
is confined within the limits laid down by law. In matters which 
are contrary to the law, obedience to a superior does not absolve from 
responsibility. 

Parliament. 

Art. 42. Parliament shall consist of two distinct bodies : the Sen- 
ate and the Chamber of Deputies. 

Art. 43.2 ^q\\^ houses of Parliament shall meet without being 
summoned on 1 November [old style] of every year. They shall be 

1 This paragraph was added in 1909. 
- As amended in 1909. 



596 CONSTITUTIONS OF THE STATES AT WAR. 

opened by imperial irade, and closed again by irade on 1 May [old 
style] . Neither of the houses can meet while the other is not sitting. 

Art. 44.^ If need arises, His Imperial Majesty the Sultan may 
open Parliament before the specified time, either on his own initia- 
tive or on application from an absolute majority of the members. 
He may also prolong the session, either in virtue of a decision of 
Parliament or on his own initiative. 

AnT. 45. On the day of the opening of Parliament the opening 
ceremony shall take place before His Imperial Majesty the Sultan 
or the Grand Vizier as his representative, and in the presence of the 
Cabinet and of the members of both houses. An imperial speech 
shall be read concerning home affairs and foreign relations during 
the past year, and the measures it is considered necessary to adopt 
during the coming year. 

Art. 46. Persons elected or nominated members of one of the 
houses of Parliament shall swear to be loyal to His Imperial Ma- 
jesty the Sultan and their country, to be faithful to the provisions 
of the Constitution and to the mandate given them, and to refrain 
from any act incompatible with their duties. 

The oath shall be taken on the day of opening in the presence 
of the Grand Vizier. Those who are absent on that day shall take the 
oath in the presence of their respective presidents when the house to 
which they belong meets. 

Art. 47. Members of Parliament shall be free in the recording of 
their votes and the expression of their views. No member shall be 
bound by any kind of promise, threat or instructions, and no charge 
shall be brought against a member for any vote he may have given 
or any opinion he may have expressed during a debate in the house, 
unless he has acted in violation of the rules of the house; in which, 
case he shall be dealt with according to the provisions of the said 
rules. 

Art. 48. If a member of Parliament is accused, by an absolute 
majority of two thirds of the members of the house to which he 
belongs, of treason, of attempting to abolish or overthrow the Con- 
stitution, or of corruption, or is sentenced by law to a penalty which 
entails imprisonment or exile, he shall lose his seat as member of 
Parliament, and the case shall be heard and the penalty inflicted 
by the competent court. 

Art. 49. Every member of Parliament shall record his vote in 
person. Every member has the right to abstain from recording his 
vote for the rejection or acceptance of any matter which comes up 
for discussion. 

Art. 50. No person shall be a member of both houses of Parlia- 
ment at the same time. 

1 As amended in 1909. 



TURKEY. 597 

Art. 51. No debate shall be begim in either house, unless half the 
members plus one are present. All resolutions shall be passed by an 
absolute majority of the members present, except in cases for which 
a two thirds majority is required. When the votes are equally 
divided, the president shall have a casting vote. 

Art. 52. If anyone presents to either house or to both houses of 
Parliament a petition concerning his personal affairs, and it is 
established that the petitioner did not first apply to the competent 
State officials or to the authority to which those officials are sub- 
ordinate, the petition shall be rejected. 

Art. 53.^ Every minister, senator or deputy has the right to pro- 
pose that a new law be drawn up or an existing law amended. Each 
house sends to the other the bills it has drawn up or amended, and^ 
after acceptance, they are submitted for the imperial sanction. 

Art. 54.^ Bills become law after being examined and accepted by 
the Chamber of Deputies and the Senate, and sanctioned by imperial 
irade. Bills submitted for the imperial sanction must either receive 
that sanction within two montlis or be returned for reexamination. 
If a bill sent back to be discussed again is to be accepted, it must be 
voted by. a two-thirds majority. Bills which are voted urgent must 
either be sanctioned or be returned within ten days. 

Art. 55. A bill can not be accepted, unless it has been read and 
voted by a majority, clause by clause, and afterwards again voted as 
a whole, successively by the Chamber of Deputies and the Senate. 

Art. 56. Neither house can admit, or hear the explanations of any- 
one who is not a minister, or a representative sent by the Cabinet, or 
one of their own members, or a public functionary summoned 
officially, whether he come to make a communication in his own name 
or as the representative of a group of individuals. 

Art. 57. Debates in both houses shall be conducted in Turkish. 
Copies of the bills to be discussed shall be printed and distributed 
to members before the day fixed for the debate. 

Art. 58. In both houses the votes shall be recorded by calling the 
I'oll, by making some particular sign, or by secret ballot. For the 
voting to be by secret ballot, a decision in that sense by a majority 
of the members present is required. 

Art. 59. The internal discipline of each house shall be under the 
control of the president of that house. 

The Senate. 

Art. 60. The president and the members of the Senate shall be di- 
rectly nominated by the Sultan. The number of senators shall not 

1 Am amended in 1909. 



598 CONSTITUTIONS OF THE STATES AT WAK. 

exceed one third of the number of the members of the Chamber of 
Deputies. 

Art. 61. To be nominated senator, it is necessary to be not less than 
40 years of age, and to have shown oneself, by one's acts and deeds, 
worthy of the trust and confidence of the public, and to be renowned 
for laudable service in State affairs. 

Art. 62. Membership of the Senate is for life. This dignity may 
be conferred on persons en disponiMlite Avho have filled the post of 
Cabinet minister, governor-general (vali), commander of an army 
corps (ordu Tnushiri), superior judge {kazi asker), ambassador or 
minister plenipotentiary, patriarch or chief rabbi; on generals of 
division and vice-admirals ; and in general on any suitable persons pos- 
sessing the necessary qualifications. A senator shall lose his seat in 
the Senate on being appointed to another post by the State at his 
own request. 

Art. 63. The salary of a senator is fixed at 10,000 piastres a month. 
If a senator is in receipt of a salary or an allowance from the Treas- 
ury under some other head, if that salary or allowance is less than 
10,000 piastres, it shall be increased to 10,000; while if it equal to 
or more than 10,000, the senator retains it. 

Art. 64. The Senate examines the budgets ^ sent up by the Cham- 
ber of Deputies, and if they be found to contain anything fun- 
damentally opposed to religion, to the imperial rights of His Im- 
perial Majesty the Sultan, to liberty, to the provisions of the Con- 
stitution, to the territorial integrity of the Ottoman Empire, to the 
internal security of the country, to the means of national defense and 
protection, or to public morals, the Senate either rejects them alto- 
gether, giving its reasons for so doing, or returns them to the Cham- 
ber of Deputies, with observations, to be modified or amended. The 
bills it accepts it shall confirm and submit to the Grand Vizierate. 
The Senate shall examine the petitions presented to it, and, if it 
thinks necessary, shall transmit them to the Grand Vizierate, with 
observations. 

The Chamber of Deputies. 

Art. 65. The number of deputies is fixed at 1 for every 50,000 male 
Ottoman subjects. 

Art. 66. The elections shall take place by secret ballot. The 
method of election shall be laid down by a law ad hoc. 

Art. 67. The mandate of deputy is incompatible with public func- 
tions, except those of minister. If any other public official is elected 
deputy, his acceptance or rejection of the office depends on himself; 
but, if he accepts, he must resign his position as a public official. 

1 Sic, but evidently refers to all bills. 



TURKEY. 599 

Art. 68. The. following may not be elected to the Chamber of 
Deputies : 

1. Those who are not Ottoman subjects. 

2. Those who, in virtue of the special law on the subject, enjoy 
privileges as being temporarily in foreign service. 

3. Those who do not know Turkish. 

4. Those under the age of 35. 

5. Those who are in the service of a private person at the time of 
the election. 

6. Those who have been declared bankrupt and have not been 
rehabilitated. 

7. Those who are notorious for their evil ways. 

8. Those who have been placed under a judicial injunction, un- 
less the injunction has been removed. 

9. Those who have lost their civil rights. 

10. Those who lay claim to a foreign nationality. 

In the elections which take place 4 years later, a knowledge of how 
to read Turkish, and, as far as possible, to write it, shall also be a 
condition of eligibility for election. 

Art. 69. The general election for the Chamber of Deputies shall 
take place once every 4 years. The mandate of every deputy is for 
4 years only ; but he may be reelected. 

Art. 70. The general election shall begin at least four months 
before the date fixed for the first sitting of the Chamber, that is, 
1 November. 

Art. 71. Every member of the Chamber of Deputies is the repre- 
sentative, not exclusively of the constituency which has elected him, 
but of all the Ottomans. 

Art. 72. Electors are bound to choose their deputies from among 
the population of the province to which they belong. 

Art. 73. If the Chamber of Deputies is dissolved by imperial 
irade, the general election shall be begun so as to allow of the meet- 
ing of the Chamber within six months at most from the date of the 
dissolution. 

Art. 74. If a member of the Chamber of Deputies dies, or suf- 
fers from some lawful impediment, or absents himself from the 
Chamber for a long period, or resigns, or loses his seat by reason of 
the sentence of a court of law or of an appointment to a government 
post, another shall be elected in his place according to practice, so 
that he may sit at the latest in the next session. 

•Art. 75. The mandate of a deputy elected to fill a vacant seat 
only remains in force until the next general election. 

Art. 76.^ Every deputy shall receive 30,000 piastres from the 
Treasury for each session, and traveling expenses both ways ac- 

1 As amended in 1909. 



600 CONSTITUTION'S OF THE STATES AT WAK. 

cording to the law on civil servants, and calculated on a salary of 
5,000 piastres a month. If the session is prolonged beyond the date 
specified by law, they shall receive a supplementary allowance of 
5,000 piastres a month. 

Art. 77. Every session the Chamber of Deputies shall elect a 
president and two vice-presidents by a majority, and their election 
shall be. submitted to His Imperial Majesty the Sultan. 

Art, 78. The debates of the Chamber of Deputies shall be pub- 
lic; but if the Cabinet or 15 deputies propose that the debate on 
some important matter shall be secret, the place in which the Cham- 
ber is sitting shall be cleared of all persons except the deputies, and 
the question of accepting or rejecting the proposal shall be sub- 
mitted to a majority vote. 

Art. 79. While the Chamber is sitting, no deputy shall be arrested 
or tried, except when taken in fl,agrante delicto^ unless the Chamber 
decides by a majority that there is good ground for the charge. 

Art. 80.^ The general expenditure of the State shall be examined 
in detail in the Chamber of Deputies, in accordance with the budget 
law, and the total shall be voted by the Chamber in the presence of 
the Cabinet. The nature and the amount of the revenues by which 
the expenditure is to be met, and the distribution of and method of 
levying the same, shall likewise be decided upon in the presence of 
the Cabinet. 

Courts or Law. 

Art. 81. Judges appointed by the State in accordance with the 
law ad hoc and furnished with commissions (herat) are irremovable; 
but they may resign. The promotion of judges, their career, replace- 
ment, retirement on a pension, and dismissal in consequence of a con- 
demnation for a criminal offense are also subject to the provisions 
of the law ad hoc. This law also specifies the qualifications neces- 
sary in the case of judges and other judicial officials. 

Art. 8.2. The hearings of cases of all kinds in the courts are public, 
and the sentences may be published. But a court may hold a secret 
sitting for any one of the reasons clearly laid down by law. 

Art. 83. Every person may use any lawful means he thinks neces- 
sary in defending his rights in court. 

Art. 84. A court may not refuse, on any pretext whatsoever, to 
hear a case which comes under its jurisdiction; and when once the 
hearing, or the preliminary investigations necessary for the hear- 
ing, have begun, the case may not be postponed or hindered, unless 
the plaintiff withdraws his action ; and even then, if the case is penal, 

^ As amended in 1909. 



TURKEY. 601 

the government shall continne to exercise its rights according to the 
law. 

Art. 85. Every action shall be heard by the court to whose juris- 
diction it belongs. Actions between private persons and the gov- 
ernment shall also be within the jurisdiction of the ordinary courts. 

Art. 86. The courts shall be free from interference of any kind. 

Art. 87. Matters concerning the Sheri shall be heard in the Sheri 
courts; those concerning the Nizam ^ in the civil courts. 

Art. 88. The various classes of courts, their duties, jurisdiction 
and divisions, and the emoluments of the judges are laid down by 
law. 

Art. 89. Apart from the courts sanctioned by law, no extraordi- 
nary court may be formed, nor any commission having a right to 
pass sentence, under any name whatsoever, with the object of hearing 
certain special matters and giving judgment. But where the law 
appoints, the nomination of a judge-delegate {muvella} or an arbi- 
trator is lawful. 

Art. 90. No judge may occupy any other paid government post 
simultaneously with his judgeship. 

Art. 91. In penal affairs the rights of the public shall be pro- 
tected by public prosecutors. The duties and grades of these public 
prosecutors shall be laid down by law. 

The High Court. 

Art. 92. The High Court shall consist of 30 members, of whom 10 
each shall be chosen and appointed by lot from the Senate, the 
Council of State, and the presidents and members of the Court of 
Cassation and the Court of Appeal. 

The High Court shall be summoned by imperial irade when 
necessity arises, and shall sit in the Senate. Its attributions shall be 
to try ministers, presidents or members of the Court of Cassation or 
the Court of Appeal, and any persons who commit treason against 
the sovereign or endanger the State. 

Art. 93. The High Court shall be divided into two parts: the 
Charges Chamber and the Chamber of Judgment. The former shall 
consist of 9 members, 3 each being chosen by lot from those ap- 
pointed to the High Court from the Senate, the Council of State, and 
the Court of Cassation and Court of Appeal, respectively. 

Art. 94. The Charges Chamber shall decide by a two-thirds ma- 
jority whether the persons against whom complaint is made, shall 
be put on their trial or not. Members of the Charges Chamber shall 
not form part of the Chamber of Judgment. 

* The civil law. 
88381—39 39 



602 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 95. The Chamber of Judgment shall be composed of 21 mem- 
bers of the High Court, 7 being chosen from the Senate, 7 from the 
Court of Cassation and the Court of Appeal, and 7 from the Council 
of State. It shall pass judgment, by a majority of two thirds of its 
membership, and in accordance with the laws in force, on cases 
which the Charges Chamber agree should be tried. Its decisions are 
subject neither to appeal nor to cassation. 

Financial Affairs. 

Art. 96. No government tax may be imposed, distributed or col- 
lected, except by virtue of a law. 

Art. 97. The State budget is a law setting forth the approximate 
revenue and expenditure. It is on this law that the imposition, dis- 
tribution and collection of the State taxes depend. 

Art. 98. The budget, that is, the public balance-sheet, shall be ex- 
amined and voted by Parliament clause by clause. The accompany- 
ing tables, showing in detail the estimated revenue and expenditure, 
shall be divided into sections, chapters and articles, in accordance 
with the model laid down by law ; and these also shall be discussed 
chapter by chapter. 

Art. 99. The budget shall be submitted to the Chamber of Depu- 
ties immediately after the opening of the Chamber, in order that it 
may come into force at the beginning of the year to which it applies. 

Art. 100. No expenditure from public funds may be incurred, 
apart from the budget, except in cases specified by a special law. 

Art. 101. If, while Parliament is not sitting, it appears urgently 
necessary to incur supplementary expenditure on pressing and ex- 
traordinary grounds, the sums required to meet that expenditure 
may be obtained and spent in virtue of an imperial irade, on condi- 
tion that the Cabinet accepts the responsibility, and that a bill on 
the subject is submitted to Parliament as soon as it meets. 

Art. 102. The budget shall remain in force for one year; it shall 
have no effect apart from that year. But if, owing to extraordinary 
circumstances, the Chamber of Deputies is dissolved without having 
passed the budget, the Cabinet, in virtue of an imperial irade, shall 
prolong the application of the budget of the past year until the next 
parliamentary session, provided that the extension shall not exceed 
one year. 

Art. 103. The final account law shall show the actual amount of 
the sums obtained in revenue for the year to which it applies, and 
of the expenditure for that year. In form and in divisions it shall 
be in complete accordance with the budget law. 

Art. 104. The bill of the final account law shall be submitted to 
Parliament within 4 years at most from the end of the year to which 
it applies. 



TURKEY. 603 

Aet. 105. A Board of Accounts shall be formed to examine the ac- 
counts of those who are appointed to collect and expend public money, 
and to inspect the annual accounts drawn up by the various public 
departments. Every year it shall communicate the result of its in- 
spection with its conclusions to the Chamber of Deputies in a special 
report. This Board shall also submit a report on the financial situa- 
tion to His Imperial Majesty the Sultan every three months through 
the intermediary of the Grand Vizier. 

Art. 106. The Board of Accounts shall consist of 12 members ap- 
pointed by imperial irade. They shall hold office for life, unless their 
dismissal is approved by a majority of the Chamber of Deputies. 

Art. 107 The qualifications required by members of the Board of 
Accounts, the details of their attributions, the rules governing their 
resignation, replacement, advancement and retirement on a pension, 
and the organization of the offices of the Board, shall be defined by 
a law ad hoc. 

The Provinces. 

Art. 108. The administration of the provinces shall be founded on 
the principles of decentralization and division of duties. The de- 
tails shall be settled by a law ad hoc. 

Art. 109. The method of election of members of the administra- 
tive councils of provinces {vilayets) .^ sarijaks and kazas^ and of the 
general assemblies, which meet once a year in the chief town of each 
province, shall be laid down on wider lines by a law ad hoc. 

Art. 110. The attributions of the provincial general assemblies 
shall be defined in the law that is to be drawn up ad hoc. They shall 
include the right to discuss matters concerning public works, such 
as the making of roads and bridges, the organization of credit banks, 
the promotion of industries, commerce and agriculture, and the dis- 
semination of public education ; the right to complain to the proper 
authority in order to demand redress with regard to anything con- 
trary to the laws and regulations in force which occurs in the dis- 
tribution or collection of taxes or in any other connection. 

Art. 111. In every kaza a council shall be formed in connection 
with each community. The duty of this council shall be to superin- 
tend: 

1. The administration of the income derived from vakf^ real 
property and money, according to the terms of the vakf , or to ancient 
usage. 

2. The allotment of money or personal property left by will for 
works of charity or philanthropy, according to the terms of the will. 

3. The administration of the money and personal property of 
orphans, in accordance with the regulations ad hoc. 

^ Pious foundations. 



604 CONSTITUTIONS OF THE STATES AT WAK. 

These councils shall be composed of members elected by each com- 
munity, in accordance with the regulations to be drawn up ad hoc. 

The said councils shall be under the local government and the 
provincial general councils. 

Art. 112, Municipal affairs shall be administered, at Constanti- 
nople and in the provinces, by elected municipal councils. The 
organization of these councils, their attributions and the method of 
electing their members shall be defined in a law ad hoc. 

Miscellaneous Provisions. 

Art. 113. If there appear strong indications and signs that a dis- 
turbance will break out in some parts of the Empire, the imperial 
government has the right to proclaim martial law temporarily in 
that place. 

Martial law consists in a temporary suspension of the civil laws 
and regulations, and the form of administration of the district under 
martial law shall be determined by special regulation. 

His Imperial Majesty the Sultan has the exclusive power to expel 
from the territory of the Empire those who, as a result of credible 
information gathered by the police administration, are recognized as 
a danger to the State. 

Art. 114. Elementary education shall be compulsory for all Otto- 
mans. The details shall be settled by a law ad hoc. 

Art. 115. No article of the Constitution shall be suspended or sup- 
pressed for any reason or any pretext whatsoever. 

Art. 116. If it is seen to be absolutely necessary that certain pro- 
visions of the Constitution should be changed or amended in accord- 
ance with circumstances or the needs of the time, the amendments 
may be made on the following conditions: 

Any amendment proposed by the Cabinet, the Senate or the Cham- 
ber of Deputies shall first of all be voted by a two-thirds majority 
of the members composing the Chamber of Deputies; and if this 
vote is confirmed by a two-thirds majority of the Senate and sanc- 
tioned by imperial irade, the amendment becomes law. 

Any article of the Constitution which it is proposed to amend shall 
remain in full force until the above-mentioned debates have taken 
place and the imperial irade has been issued. 

Art. 117. The interpretation of laws belongs : 

To the Court of Cassation, in the case of civil and penal laws. 
To the Council of State, in the case of civil administration. 
And to the Senate, when it is a question of the Constitution. 

Art. 118.^ The existing laws, regulations, usages and customs shall 
remain in force unless modified or abolished by new laws or regula- 

1 As amended in 1909. 



TURKEY. 605 

tions. In drawing up laws and regulations care shall be taken to 
base them upon the provisions of the canon and civil laws and upon 
public morals and customs, in accordance with the dictates of human- 
ity and the needs of the time. 

Art. 119.^ Documents and letters entrusted to the post shall'not 
be opened without a decision of a ^nustantik {juge d' instruction) 
or of a court of law. 

Art. 120.^ Ottomans enjoy the right of assembly, on the condition 
that they obey the law on the subject. 

Those societies are forbidden which aim at injuring the territorial 
integrity of the Ottoman Empire, changing the form of the Consti- 
tution or of the government, acting contrary to the provisions of the 
Constitution, or bringing about a separation between the various 
Ottoman elements, or which are contrary to public morals. 

The formation of secret societies in general is also forbidden. 

Art. 121.^ The debates in the Senate shall be public; but if the 
Cabinet or 5 Senators propose that the debate on some important 
matter shall be secret, the place in which the Senate is sitting shall 
be cleared of all persons except the senators, and the question of 
accepting or rejecting the proposal shall be submitted to a majority 
vote. 

1 These three articles, added to the Constitution in 1909, shall eventually be placed 
in the special division to which they belong. 



UNITED STATES OF AMERICA. 

Before 1770 the 13 British colonies of North America, namely, 
New Hampshire, Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 
North Carolina, South Carolina and Georgia, had obtained an im- 
portant share in their own government. Rhode Island and Con- 
necticut under their charters were practically independent. The 
other colonies were, governed by a governor and council,^ appointed 
by the English Crown, and an assembly chosen by the people. These 
colonies had what we call representative government in the present 
British colonial system, but through the increasing powers of the as- 
semblies after 1700 they were rapidly approaching the system of 
responsible government. The development of self-government was 
suspended by the reactionary British policy after 1763 and on 4 July 
1776 the colonies took the decisive step of declaring themselves 
independent. 

Some union of the colonies was necessary for the conduct of the 
war with Great Britain, and united action was obtained by means 
of congresses to which the several colonies sent delegates. The Ar- 
ticles of Confederation, adopted in 1781, for the first time embodied 
in a written instrument an agreement of union between the previously 
independent States. The Articles of Confederation were unsatis- 
factory in that they did not give sufficient power to the central gov- 
ernment, and efforts to amend them failed because of the require- 
ment that all States agree upon an amendment. 

In pursuance of a recommendation of a convention of 5 States 
which met at Annapolis, 11 September 1786, delegates of 12 States 
met in convention at Philadelphia in May, 1787. This convention 
drafted a Constitution, which was finally ratified by all of the 13 
States. Government under this Constitution was organized in April, 
1789. Since its adoption the Constitution has received 18 amend- 
ments ; the text of the amendments is given after that of the original 
Constitution.- 

1 The council was both a legislative and an executive body, except in Pennsylvania, 
where it was denied legislative power ; in Pennsylvania and Maryland appointments 
were made hy proprietors rather than by the Crown ; in Massachusetts the members of 
the council were elected by the general court of the colony. 

2 These introductory paragraphs are based upon W. F. Dodd^ Modem Constitutions 
(Chicago, 1909), vol. ii, p. 291. 

607 



608 CONSTITUTIONS OF THE STATES AT WAR. 

CONSTITUTION OF 17 SEPTEMBER 1787. ^ 

[Preamble.] 

We the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare and secure the bless- 
ings of liberty to ourselves and our posterity, do ordain and estab- 
lish this Constitution for the United States of America. 

Article I. 

Section 1. All legislative powers herein granted shall be vested in 
a Congress of the United States, which shall consist of a Senate and 
a House of Representatives. 

Sect. 2. The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several States, and 
the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State legislature.^ 

No person shall be a representative who shall not have attained to 
the age of 25 years, and been 7 years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according 
to their respective numbers, which shall be determined by adding to 
the whole number of free persons, including those bound to service 
for a term of years, and excluding Indians not taxed, three fifths of 
all other persons.^ The actual enumeration shall be made within 
three years after the first meeting of the Congress of the United 
States, and within every subsequent term of 10 years, in such manner 
as they shall by law direct. The number of representatives shall not 
exceed 1 for every 30,000, but each State shall have at least 1 repre- 
sentative; and until such enumeration shall be made, the State of 
New Hampshire shall be entitled to choose 3, Massachusetts 8, Rhode 
Island and Providence Plantations 1, Connecticut 5, New York 6, 

1 This is the date upon which the Constitution was agreed upon by the Constitutional 
Convention ; according to the terms of the Constitution it became effective on 21 June 
1788, after ratification by 9 States. The date set by Congress for proceedings to begin 
under the Constitution was 4 March 1789, but the government was actually not organized 
until April of that year. French translation of this Constitution and its subsequent 
amendments up to the 15th in F. R. Daebste et P. Daeeste, Les Constitutions modernes 
(3d edition, Paris, 1910), vol. ii, pp. 396-421. 

2 The conditions required to be elector vary in the different States. The length of resi- 
dence required varies from 3 months to a year. Some States require the elector merely to 
pay a tax ; many require an ability to read and write, or to read only. The age required 
is 21 years in all the States. 

^ The first sentence of this paragraph was amended by the second section of the four- 
teenth amendment (below, p. 621). 



UNITED STATES. 609 

New Jersey 4, Pennsylvania 8, Delaware 1, Maryland 6, Virginia 10, 
N'orth Carolina 5, South Carolina 5, and Georgia 3.^ 

When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

The House of Representatives shall choose their speaker and other 
officers ; and shall have the sole power of impeachment. 

Sect. 3. The Senate of the United States shall be composed of 2 
senators from each State, chosen by the legislature thereof, for 6 
years ; and each senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the senators of the first class shall be vacated 
at the expiration of the second year, of the second class at the expira- 
tion of the fourth year and of the third class at the expiration of 
the sixth year, so that one third may be chosen every second year; 
and if vacancies happen by resignation, or otherwise, during the 
recess of the legislature of any State, the executive thereof may make 
temporary appointments until the next meeting of the legislature, 
which shall then fill such vacancies.^ 

No person shall be a senator who shall not have attained to the 
age of 30 years, and been 9 years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that State for which 
he shall be chosen. 

The Vice-President of the United States shall be president of the 
Senate, but shall have no vote, unless they be equally divided. 

The Senate shall choose their other officers, and also a president 
pro tempore^ in the absence of the Vice-President, or when he shall 
exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside; and no person shall be convicted without the concur- 
rence of two thirds of the members present. 

Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any 
office of honor, trust or profit under the United States ; but the party 
convicted shall nevertheless be liable and subject to indictment, trial, 
judgment and punishment,^ according to law. 

Sect. 4. The times, places and manner of holding elections for 
senators and representatives shall be prescribed in each State by 



1 The numl>er of representatives has considerably Increased since. See below, p. 621, 
note 2. 

2 Paragraph 1 of this section and so much of paragraph 2 as relates to filling vacancies 
are amended by the seventeenth amendment (below, p. 622). 

8 Before the ordinary courts. 



610 CONSTITUTIONS OF THE STATES AT WAR. 

the legislature thereof; but the Congress may at any time by law 
make or alter such regulations, except as to the places of choosiLg 
senators. 

The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall 
by law appoint a different day. 

Sect. 5. Each house shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall con- 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance 
of absent members, in such manner, and under such penalties as each 
house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two 
thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judg- 
ment require secrecy ; and the yeas and nays of the members of either 
house on any question shall, at the desire of one fifth of those present, 
be entered on the journal. 

Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 

Sect. 6. The senators and representatives shall receive a com- 
pensation for their services, to be ascertained by law ^ and paid out 
of the Treasury of the United States. They shall in all cases, except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, and 
in going to and returning from the same; and for any speech or 
debate in either house, they shall not be questioned in any other place. 

No senator or representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments 
whereof shall have been increased during such time; and no person 
holding any office under the United States, shall be a member of 
either house during his continuance in office. 

Sect. 7. All bills for raising revenue shall originate in the House 
of Kepresentatives ; but the Senate may propose or concur with 
amendments as on other bills. 

Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law, be presented to the 
President of the United States; if he approve he shall sign it, but 
if not he shall return it, with his objections to that house in which 

^ This annual compensation amounts to $7,500. The compensation of the speaker is 
$12,000. See Act of 26 February 1907. 



UNITED STATES. 611 

it shall have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If after such reconsidera- 
tion two thirds of that house shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, by which it 
shall likewise be reconsidered, and, if approved by two thirds of 
that house, it shall become a law. But in all sudi cases the votes 
of both houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not be returned 
by the President within 10 days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law, in like manner 
as if he had signed it, unless the Congress by their adjournment pre- 
vent its return, in which case it shall not be a law.^ 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of adjournment) shall be presented to the President of 
the United States ; and before the same shall take effect, shall be ap- 
proved by him, or being disapproved by him, shall be repassed by 
two thirds of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Sect. 8. The Congress shall have power : 

To \sij and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defense and general welfare of the 
United States; but all duties, imposts and excises shall be uniform 
throughout the United States. 

To borrow money on the credit of the United States. 

To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes. 

To establish an uniform rule of naturalization ^ and uniform laws 
on the subject of bankruptcies throughout the United States. 

To coin money, regulate the value thereof and of foreign coin, 
and fix the standard of weights and measures. 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States. 

To establish post offices and post roads. 

To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries. 

To constitute tribunals inferior to the Supreme Court. 

To define and punish piracies and felonies committed on the high 
seas and offenses against the law of nations. 

* The Presidents have made frequent use of their right to veto and only a very small 
percentage of hills have been repassed over their veto. The presidential veto can not be 
applied to a particular provision of a bill, but must apply to the bill as a whole. 

2 Law of 29 June 1906 establishing a Bureau of Naturalization and a Bureau of Immi- 
gration and instituting uniforni rules for the naturalization of foreigners in the United 
States. 



612 CONSTITUTIONS OF THE STATES AT WAR. 

To declare war, grant letters of marque and reprisal and make 
rules concerning- captures on land and water. 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years. 
To provide and maintain a navy. 

To make rules for the government and regulation of the land and 
naval forces. 

To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections and repel invasions. 

To provide for organizing, arming and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 
the appointment of the officers and the authority of training the 
militia according to the discipline prescribed by Congress. 

To exercise exclusive legislation in all cases whatsoever over such 
district (not exceeding 10 miles square) as may, by cession of par- 
ticular States and the acceptance of Congress, become the seat of 
the government of the United States,^ and to exercise like authority 
over all places purchased by the consent of the legislature of the 
State in which the same shall be, for the erection of forts, magazines, 
arsenals, dock-yards and other needful buildings. And 

To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers and all other powers vested by 
this Constitution in the government of the United States, or in any 
department or officer thereof. 

Sect. 9. The migration or importation of such persons as any of 
the States now existing shall think proper to admit, shall not be pro- 
hibited by the Congress prior to the year 1808, but a tax or duty may 
be imposed on such importation, not exceeding $10 for each person.^ 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

No bill of attainder or ex post facto law ^ shall be passed. 

No capitation or other direct tax shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken.* 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall 
vessels bound to, or from, one State, be obliged to enter, clear or pay 
duties in another. 

1 This territory, now called the District of Columbia and containing the city of Wash- 
ington, was a part of the original State of Maryland. 

2 This refers to the negro slave trade, which was abolished by the thirteenth amend- 
ment (below, p. 620). 

2 The common interpretation of this term is that it refers only to retroactive laws in 
criminal matters. 
* See above, p. 608. 



UNITED STATES. 61S 

No money shall be drawn from the Treasury, but in consequence of 
appropriations made hj law : and a regular statement and account 
of the receipts and expenditures of all public money shall be pub- 
lished from time to time. 

Xo title of nobility shall be granted by the United States; and no 
person holding any office of profit or trust under them shall, without 
the consent of the Congress, accept of any present, emolument, office 
or title, of any kind whatever, from any king, prince or foreign 
State. 

Sect. 10.^ No State shall enter into any treaty, alliance or confeder- 
ation ; grant letters of marque and reprisal ; coin money ; emit bills 
of credit; make anything but gold and silver coin a tender in pay- 
ment of debt ; pass any bill of attainder, ex post facto law ^ or law 
impairing the obligation of contracts, or grant any title of nobility. 

No State shall, without the consent of the Congress, lay any im- 
posts or duties on imports or exports, except what may be absolutely 
necessar}^ for executing its inspection laws; and the net produce of 
all duties and imposts, laid by any State on imports or exports, shall 
be for the use of the Treasury of the United States; and all such 
laws shall be subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, 
or engage in war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 

Article II. 

Section 1. The executive power shall be vested in a President of 
the United States of America. He shall hold his office during the 
term of 4 years, and, together with the Vice-President, chosen 
for the same term, be elected as follows : 

Each State shall appoint, in such manner as the legislature thereof 
may direct, a number of electors equal to the whole number of sen- 
ators and representatives to which the State may be entitled in the 
Congress; but no senator or representative, or person holding an 
office of trust or profit under the United States, shall be appointed 
and elector.^ 

The Congress may determine the time of choosing the electors,* and 
the day on which they shall give their votes ^ ; which day shall be the 
same throughout the United States. 

^ See the sixteenth amendment (below, p. 622). 

2 The common interpretation of this term is that it refers only to retroactive laws in 
criminal matters. 

3 Paragraph 3 of this section (omitted here) has been superseded by the twelfth amend- 
ment (below, p. 619). 

*The Act of 23 January 1845 has fixed this time as the Tuesday which follows the 
first Monday in November of the year in which the presidential election is to take place. 
^The Law of 3 February 1887 fixed this day as tlie second Monday of January. 



614 CONSTITUTIOIsrS OF THE STATES AT WAR. 

No person except a natural-born citizen, or n, citizen of the United 
States at the time of the adoption of this Constitution, shall be 
eligible to the office of President ; neither shall any person be eligible 
to that office who shall not have attained to the age of 35 years and 
been 14 years a resident within the United States. 

In case of the removal of the President from office, or of his death, 
resignation or inability to discharge the powers and duties of the 
said office, the same shall devolve on the Vice-President, and the 
Congress may by law provide for the case of removal, death, resig- 
nation or inability both of the President and Vice-President, de- 
claring what officer shall then act as President, and such officer shall 
act accordingly, until the disability be removed, or a President shall 
be elected.^ 

The President shall, at stated times, receive for his services a com- 
pensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not 
receive within that period any other emolument from the United 
States, or any of them.^ 

Before he enter on the execution of his office, he shall take the fol- 
lowing oath or affirmation : 

I do solemnly swear (or affirm) that I will faithfully execute the office of 
President of the United States, and will to the best of my ability, preserve, 
protect and defend the Constitution of the United States. 

Sect. 2. The President shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the several States, 
when called into the actual service of the United States; he may 
require the opinion, in writing, of the principal officer in each of the 
executive department,^ upon any subject relating to the duties of 
their respective offices, and he shall have power to grant reprieves 
and pardons for offenses against the United States, except in cases 
of impeachment. 

1 In 1792, the Congress entrusted (Act of 1 March) to the president pro tempore of 
the Senate the exercise of the presidential powers on the default of the President and 
Vice-President. This provision was superseded by the Act of 19 January 1886, which 
provided that in this case the presidential powers devolve upon one of the cabinet mem- 
bers, in the following order (the last three mentioned are heads of departments created 
subsequent to 1886) : 

1. Secretary of State. 6. Secretary of Navy. 

2. Secretary of Treasury. 7. Secretary of Interior. 

3. Secretary of War. 8. Secretary of Agriculture. 

4. Attorney-General. 9. Secretary of Commerce. 

5. Postmaster-General. 10. Secretary of Labor. 

The cabinet members called in such a contingency should possess the following quali- 
fications : To have been regTilarly appointed, to be constitutionally eligible to the Presi- 
dency and not to be under impeachment. If the Congress is not in session, it should 
be convoked in 20 days. 

2 The annual compensation of the President is $75,000, with an allowance of .$25,000 
for traveling (Act of 4 March 1909) ; that of the Vice-President is $12,000. 

3 There are 10 departments : State, Treasury, War, Justice, Post Office, Navy, Interior, 
Agriculture, Commerce, Labor. 



UNITED STATES. 615 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the senators present 
concur; and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other officers of 
the United States, whose appointments are not herein otherwise 
provided for, and which shall be established by law ; but the Congress 
may by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the courts of law, or in the 
heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Sect. 3. He shall from time to time give to the Congress informa- 
tion of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, and 
in case of disagreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other public ministers; he 
shall take care that the laws be faithfully executed, and shall com- 
mission all the officers of the United States. 

Sect. 4. Tlie President, Vice-President and all civil officers of the 
United States shall be removed from office on impeachment for, and 
conviction of, treason, bribery or other high crimes and misde- 
meanors. 

Article III. 

Section 1. The judicial power of the United States shall be vested 
in one Supreme Court and in such inferior courts as the Congress 
may from time to time ordain and establish.^ The judges, both of 
the Supreme and inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their services a com- 
pensation, which shall not be diminished during their continuance 
in office. 

Sect. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority ; to 
all cases affecting ambassadors, other public ministers and consuls; 
to all cases of admiralty and maritime jurisdiction ; to controversies 
to which the United States shall be a party ; to controversies between 
two or more States, between a State and citizens of another State, 

1 The federal courts were reorganized by the Acts of 10 April 1869, 24 February 1891 
and 31 January 1903. There are 8 jurisdictions : district courts, circuit courts and the 
Supreme Court. There are 84 districts and 9 circuits. 



616 CONSTITUTIONS OF THE STATES AT WAR. 

between citizens of different States, betAveen citizens of the same 
State claiming lands under gi-ants of different States, and between -i 
State, or the citizens thereof, and foreign States, citizens, or subjects. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be party, the Supreme Court 
shall have original jurisdiction. In all the other cases before men- 
tioned the Supreme Court shall have appellate jurisdiction, both as 
to law and fact, with such exceptions and under such regulations as 
the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be by 
jury; and such trial shall be held in the State where the said crimes 
shall have been committed; but when not committed within any 
State, the trial shall be at such place or places as the Congress may 
by law have directed. 

Sect. 3. Treason against the United States shall consist only in 
levying war against them or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or on con- 
fession in open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture except during the life of the person attainted. 

Article IV. 

Section 1. Full faith and credit shall be given in each State to 
the public acts, records and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the manner 
in which such acts, records and proceedings shall be proved, and the 
effect thereof. 

Sect. 2. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

A person charged in any State with treason, felony or other 
crime who shall flee from justice and be found in another State shall, 
on demand of the executive authority of the State from which he 
fled, be delivered up, to be removed to the State having jurisdiction 
of the crime.^ 

Sect. 3. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the juris- 
diction of any other State; nor any State be formed by the junction 

^ Paragraph 3 of this section provided for the arrest of fugitive slaves and their extra- 
dition from State to State. This procedure disappeared with the abolition of slavery. 
See the thirteenth amendment (below, p. 620). 



UNITED STATES. 617 

of two or more States, or parts of States, without the consent of the 
legislatures of the States concerned as well as of the Congress. 

The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property be- 
longing to the United States ; and nothing in this Constitution shall 
be so construed as to prejudice any claims of the United States, or 
of any particular State. 

Sect. 4. The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each of 
them against invasion, and, on application of the legislature, or of 
the executive (when the legislature can not be convened), against 
domestic violence. 

Article V. 

The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on 
the application of the legislatures of two thirds of the several States, 
shall call a convention for proposing amendments, which, in either 
case, shall be valid to all intents and purposes, as part of this Con- 
stitution, when ratified by the legislatures of three fourths of the 
several States, or by conventions in three fourths thereof, as the one 
or the other mode of ratification may be proposed by the Congress; 
provided that no amendment which may be made prior to the year 
1808 shall in any manner affect the first and fourth clauses in the 
ninth section of the first article ; and that no State, without its con- 
sent, shall be deprived of its equal suffrage in the Senate. 

Article VI. 

All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

This Constitution, and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which shall 
be made, under the authority of the United States, shall be the 
supreme law of the land; and the judges in every State shall be 
bound thereby, anj' thing in the Constitution or laws of any State to • 
the contrary notwithstanding. 

The senators and representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers, both of the United States and of the several States, 
shall be bound by oath or affirmation to support this Constitution; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 
88381—19 40 



618 coNSTiTUTioisrs of the states at war. 

Article VII. 

The ratification of the conventions of 9 States shall be sufficient 
for the establishment of this Constitution between the States so rati- 
fying the same.^ 

AMENDMENTS TO THE CONSTITUTION OF 17 SEPTEMBER 1787.2 

[Article I.] 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom 
of speech, or of the press; or the right of the people peaceably to 
assemble, and to petition the government for a redress of grievances. 

[Article II.] 

A well-regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be in- 
fringed. 

[Article III.] 

No soldier shall, in time of peace, be quartered in any house, with- 
out the consent of the owner, nor in time of war, but in a manner 
to be prescribed by law. 

[Article IV.] 

The right of the people to be secure in their persons, houses, papers 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no warrants shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place 
to be searched and the persons or things to be seized. 

[Article V.] 

No person shall be held to answer for a capital or otherwise in- 
famous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
'militia, when in actual service in time of war or public danger; 
nor shall any person be subject for the same offense to be twice put 
in jeopardy of life or limb ; nor shall be compelled in any criminal 
case to be a witness against himself, nor be deprived of life, liberty 
or property without due process of law ; nor shall private property 
be taken for public use without just compensation. 

1 Here follow the signatures of the president and secretary of the Convention and 38 
deputies. 

2 The first 10 amendments were proposed by the First Congress on 25 September 1789 
and were ratified by three fourths of the States during the 2 succeeding years. They 
are unnumbered in the original. 



UNITED STATES. 619 

[Article VI.] 

In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the State and dis- 
trict wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed 
of the nature and cause of the accusation ; to be confronted with the 
witnesses against him; to have compulsory process for obtaining 
witnesses in his favor, and to have the assistance of counsel for his 
defense. 

[Article VII.] 

In suits at common law, where the value in controversy shall ex- 
ceed $20, the right of trial by jury sliall be preserved, and no fact 
tried by a jury shall be otherwise reexamined in any court of the 
United States, than according to the rules of the common law. 



[Article VIII.] 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

[Article IX.] 

The enumeration in the Constitution, of certain rights, shall not 
be construed to deny or disparage others retained by the people. 

[Article X.] 

The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. 

Article XI. '^ 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another State, or by citizens 
or subjects of any foreign State. 

Article XII. ^ 

The electors shall meet in their respective States and vote by ballot 
for President and Vice President, one of whom, at least, shall not be 



1 The eleventh amendment was proposed to the States on 12 March 1794 and was 
declared adopted on 8 January 1798. 

2 The twelfth amendment was proposed to the States on 12 December 1803 and was de- 
clared adopted on 25 September 1804. It superseded Paragraph 3 of Section 1 of Article II. 
The House has had to exercise its right of choice twice (1800 and 1824) ; the Senate, once 
(1836). 



620 CONSTITUTIOlSrS OF THE STATES AT WAR. 

an inhabitant of the same State with themselves ; they shall name in 
their ballots the person voted for as President, and in distinct ballots 
the person voted for as Vive-President, and they shall make distinct 
lists of all persons voted for as President, and of all persons voted for 
as Vice-President, and of the number of votes for each, which lists 
they shall sign and certify, and transmit sealed to the seat of the 
government of the United States, directed to the President of the 
Senate; — the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates and 
the votes shall then be counted ; — the person having the greatest num- 
ber of votes for President shall be the President, if such number be 
a majority of the whole number of electors appointed; and if no 
person have such majority, then from the persons having the highest 
numbers not exceeding three on the list of those voted for as Presi- 
dent, the House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President, the votes shall 
be taken by States, the representation from each State having one 
vote; a quorum for this purpose shall consist of a member or mem- 
bers from two thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Representatives 
shall not choose a President, whenever the right of choice shall de- 
volve upon them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. — The person 
having the greatest number of votes as Vice-President shall be the 
Vice-President, if such number be a majority of the whole number 
of electors appointed, and if no person have a majority, then from 
the two highest numbers on the list, the Senate shall choose the Vice- 
President; a quorum for the purpose shall consist of two thirds of 
the whole number of senators, and a majority of the whole number 
shall be necessary to a choice. But no person constitutionally ineli- 
gible to the office of President shall be eligible to that of Vice-Presi- 
dent of the United States. 

Article XIII.^ 

Section 1. Neither slavery nor involuntary servitude,^ except as a 
punishment for crime whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject to 
their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by appro- 
priate legislation. 

1 The thirteenth amendment was proposed to the States on 1 February 1865 and was 
declared adopted on 18 December 1865. 

2 Peonage was suppressed by the Act of 2 March 1867. 



UNITED STATES. 



621 



Article XIV.^ 

Section 1, All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges or immunities of 
citizens of the United States ; nor shall any State deprive any person 
of life, liberty or property, without due process of law; nor deny 
to any person within its jurisdiction the equal protection of the laws. 

Sect. 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. But 
when the right to vote at any election for the choice of electors for 
President and Vice-President of the United States, representatives 
in Congress, the executive and judicial officers of a State, or the 
members of the legislature thereof, is denied to any of the male 
inhabitants of such State, being 21 years of age, and citizens of the 
United States, or in any way abridged, except for participation in 
rebellion or other crime, the basis of representation therein shall be 
reduced in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens 21 years of age in 
such State.^ 

Sect. 3. No person shall be a senator or representative in Congress, 
or elector of President and Vice-President, or hold any office, civil 
or military, under the United States, or under any State, who, having 
previously taken an oath, as a member of Congress, or as an officer 
of the United States, or as a member of any State legislature, or as 
an executive or judicial officer of any State, to support the Constitu- 



1 The fourteenth amendment was proposed to the States on 16 June 1866 and was 
declared adopted on 21 July 1868. 

2 After the 15th decennial census, the Act of 8 August 1911 apportioned the representa- 
tives to the 48 States as follows : 



Alabama 10 

Arizona 1 

Arkansas 7 

California 11 

Colorado 4 

Connecticut 5 

Delaware , 1 

Florida . 4 

Georgia , 12 

Idaho 2 

Illinois 27 

Indiana 13 

Iowa 11 

Kansas 8 

Kentucky 11 

Louisiana 8 



Maine 4 

Maryland - 6 

Massachusetts 16 

Michigan 13 

Minnesota 10 

Mississippi 8 

Missouri 16 

Montana 2 

Nebraska 6 

Nevada 1 

New Hampshire 2 

New Jersey 12 

New Mexico 1 

New York 43 

North Carolina 10 

North Dakota 3 



Ohio 22 

Oklahoma 8 

Oregon 3 

Pennsylvania 36 

Rhode Island 3 

South Carolina 7 

South Dakota 3 

Tennessee 10 

Texas 18 

Utah 2 

Vermont 2 

Virginia 10 

Washington 5 

West Virginia 6 

Wisconsin 11 

Wyoming 1 



There are 435 members In all or approximately 1 member to 210,669 people. Besides, 
the territories of Alaska and Hawaii have each 1 nonvoting delegate, the Philippine Islands 
have 2 resident commissioners, and Porto Rico has 1 resident commissioner. 



622 CONSTITUTIONS OF THE STATES AT WAK. 

tion of the United States, shall have engaged in insurrection or re- 
bellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may, by a vote of two thirds of each house, 
remove such disability.^ 

'Sect. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or re- 
bellion, shall not be questioned. But neither the United States nor 
any State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave ; but all such debts, obliga- 
tions and claims shall be held illegal and void. 

Sect. 5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Article XV. ^ 

Section 1. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any State on 
account of race, color or previous condition of servitude. 

Sect. 2. The Congress shall have power to enforce this article by 
appropriate legislation. 

Article XVI.^ 

The Congress shall have power to lay and collect taxes on incomes, 
from whatever source derived, without apportionment among the sev- 
eral States, and without regard to any census or enumeration. 

Article XVII.* 

The Senate of the United States shall be composed of 2 senators 
from each State, elected by the people thereof, for 6 years ; and each 
senator shall have one vote. The electors in each State shall have the 
qualifications requisite for electors of the most numerous branch of 
the State legislatures. 

When vacancies happen in the representation of any State in the 
Senate, the executive authority of such State shall issue writs of elec- 
tion to fill such vacancies : Provided^ That the legislature of any State 
may empower the executive thereof to make temporary appointments 
until the people fill the vacancies by election as the legislature may 
direct. 

* This section is practically obsolete through successive legislative measures from 1872 
to the Act of 6 June 1898. 

2 The fifteenth amendment was proposed to the States on 27 February 1869 and was 
declared adopted on 30 March 1870. 

3 The sixteenth amendment was proposed tO' the States on 26 July 1909 and was de- 
clared adopted on 25 February 1913. 

*The seventeenth amendment was proposed to the States on 17 May 1912 and was 
declared adopted on 31 May 1913. 



UNITED STATES. 623 

This amendment shall not be so construed as to affect the election or 
term of any senator chosen before it becomes valid as part of the Con- 
stitution. 

Article XVIII.^ 

Section 1. After one year from the ratification of this article the 
manufacture, sale, or transportation of intoxicating liquors within, 
the importation thereof into, or the exportation thereof from the 
United States and all territory subject to the jurisdiction thereof for 
beverage purposes is hereby prohibited. 

Sect. 2. The Congress and the several States shall have concurrent 
power to enforce this article by appropriate legislation. 

Sect. 3. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of 
the several States, as provided in the Constitution, within 7 years 
from the date of the submission hereof to the States by the Congress.^ 

1 The eighteenth amendment was proposed to the States on 3 December 1917 and was 
declared adopted on 29 January 1919. 

2 A nineteenth amendment, proposed to the States on 4 June 1919, but at the moment 
of going to press not yet ratified by the legislatures of three fourths of the States, reads 
as follows : 

Section 1. The right of citizens of the United States to vote shall not be denied or 
abridged by the United States or by any State on account of sex. 

Sect. 2. Congress shall have power, by appropriate legislation, to enforce the provi- 
sions of this article. 



INDEX. 



[The reference is made to page and (In parentheses) to the article or articles of the 
particular constitutional document appearing on that page. In a few instances, where 
one article covers two or more pages, the reference in parentheses is to the section of 
the article instead of to the article. Continued reference is indicated by a short dash, 
e. g., 207 (4.5)-208 (62) or 207 (45-47). The letter n and a figure placed in italics 
after the page number indicates that the reference is to the corresponding footnote on 
that page. Although the indexes under the individual countries are fairly complete, the 
references under general subject-headings are in many instances merely selective.] 



Abdul Hamid II, 481. 

Aborigines: Liberia, 373(14); Nicaragua, 
448(38). 

Academic degrees, .see Degi'ees. 

Acquaviva (Parish, San Marino), 550(9). 

Adolphus, Grand Duke (Luxemburg), 391, 
39fi nl. 

Adrianople, Treaty of, 553. 

Africans, 153(6). 

Agriculture: Brazil, 69(35) ; Bulgaria, 104 
(161) ; Costa Rica, 130(12) ; Egypt, 
183(36), 186(42) ; Haiti, 296(5) ; Hun- 
gary, 29(14) ; Japan, 856 nl; Nica- 
ragua, 442(6). 

Ahmed, Mirssa, 482. 

Ain, Department of (France), 210(2). 

Aisne, Department of (France), 210(2). 

Akkerman Convention of 7 October 1826 
(Serbia), 553. 

Alabama (U. S. A.), 621 n2. 

Alagoas (Brazil), 66 n3. 

Alajuela, (Costa Rica), 143(116). 

Alaska (U. S. A.), 621 ii2. 

Albania, 1. 

Albert, King (Belgium), 53 nl. 

Albert, Charles (Italy), 337. 

Alexandria (Egypt), 177(3). 

Alexin atz (Serbia), 564(81). 

Algeria, 200(11), 202(20), ti2, 208 nH, 
210(2). 

Alienation of territory : Bulgaria, 101 
(142) ; Costa Rica, 130(6) ; Nicara- 
gua, 442(14) ; Serbia, 554(4) ; see also 
Territory. 

AUier, Department of (France), 210(2). 

Alpes-Maritimes, Department of (France), 
210(2). 

Alsace-Lorraine, 219 nl, n2, 221(6), 224 ni. 

Amazona.s (Brazil), 66 nS. 

Ambassadors: China, 109(34) ; France, 193 
(3) ; Germany, 223(11) ; Greece, 277 
(102) ; Italy, 341(33) ; Liberia, 366 
(1), 368(5) ; Serbia, 567(98) ; Turkey, 
598(62) ; United States, 614-615; see 
also Diplomatic affairs. 

Amercietur, 241(14). 

American Acade>y of Political and Social 
Sciences, Annals of, see Currier, C. F. 
A. ; Rowe, L. S., and S. M. Lindsay ; 
Vincent, J. M., and A. S. Vincent. 

American Colonization Society, 374(16). 

American Constitutions, see Rodriquez, J. I. 



American Journal of International Law, 
Supplement to the (cited), 106 nl. 

Amnesty : Brazil, 69(27) , Bulgaria, 89(15^ 
103(159) ; China, 109(40) ; Costa 
Rica, 138(12) ; Cuba, 162(10), 165 
(15) ; France, 193(3) ; Greece, 267 
(39). 273(81) ; Guatemala, 288(16) ; 
Haiti, 305(75), 313; Honduras, 324 
(7), 328(9); Japan, 353(16); Li- 
beria, 367(1) ; Montenegro, 408(12), 
408(13) ; Nicaragua, 441(85), 442 
(23), 446(111) ; Panama, 465(17), 
468(18) ; Portugal, 507(18), 513(71) ; 
Russia, 540(23) ; Serbia, 560(51) ; 
United States, 614(2). 

Amparo, 335(162), 454(159). 

Anderson-Porras Treaty, 113(5). 

Andreas II (Hungary), 25. 

Anglican Church, 57 ni. 

Anhalt (Germany), 219(1), 221(6), 224 n.}. 

Anne of Denmark, 259(3). 

Annuaire de l/gislation etrangere, iil ; 
(cited) (Bulgaria), 87 nl, nS, n!,, 88 nl, 
106 nl; (Cuba), 151 n4; (Persia), 
481 n2, 549 nJi, 554 h3, 555 n2, 566 nl. 

Annual Register (cited), 1 nl. 

Antivari (Montenegro), 421(129). 

Antwerp, 44(1). 

Arab Besdouins, 177(3). 

Ard^che, Department of (France), 210(2). 

Ardennes, Department of (France), 210(2). 

Ari^ge, Department of (France), 210(2). 

Arizona (U. S. A.), 621 n2. 

Arkansas (U. S. A.), 621 n^. 

Army, see Military affairs. 

Arndt, A., Verfassung dcs deutschen Reichs 
(cited), 229 nl. 

Arrest and prosecution: China, 106(6), 108 
(25) ; Costa Rica, 116(30) ; Cuba, 154 
(16, 20) ; Guatemala, 282(30) ; Haiti, 
296(9) ; Liberia, 366(11) ; Liechten- 
stein, 376(9-11) ; Nicaragua, 435(26) ; 
Panama, 460(23) ; Portugal, 501(16) ; 
Russia, 541(31); Serbia, 559(9); 
United States, 610(6). 

Arringo generale (San Marino), 549. 

Arsenals: United States, 611(8). 

Artibonite (Haiti), 299(37). 

Arts: Brazil, 69(35); Cuba, 156(31); 
Panama, 465(13) ; Persia, 491(18) ; 
United States, 611(8). 



625 



Assembly 



INDEX. 



Assembly, right of: Austria, 17(11); Bel- 
gium, 46(19) ; Brazil, 79(8) ; Bul- 
garia, 95(82) ; China, 106(6) ; Costa 
Rica, 117(36) ; Cuba, 155(28) ; Greece, 
266(10) ; Guatemala, 282(25) ; Haiti, 
297(20) ; Italy, 341 (32-33) ; Japan, 
353(29) ; Liberia, 360(5) ; Luxemburg, 
394(24) ; Montenegro, 427(213) ; Nica- 
ragua, 437(48) ; Panama, 460(20) ; 
Portugal, 501(14) ; Roumania, 521 
(26) ; Russia, 541 (36) ; Serbia, 558 
(24) ; Turkey, 605(120). 
Assiut (Egypt), 177(3). 
Association, right to form : Bulgaria, 95 
(S3); China, 106(6); Germany, 221 
(16) ; Greece, 263(11) ; Guatemala, 
282(25) ; Honduras, 320(58) ; Japan, 
353(29) ; Luxemburg, 395(26) ; Persia, 
492(21) ; Portugal, 501(14) ; Rouma- 
nia, 522(27) ; Russia, 542(38) ; Serbia, 
558(25) ; Turkey, 592(13). 
Assuan (Egypt), 177(3). 
Asylum: (Honduras) 335(162) ; Nicaragua, 

433(12), 454(159). 
Atlantic Ocean, 431(1). 
Attainder: United States, 613(10), 616(3). 
Aube, Department of (France), 210(2). 
Aude, Department of (France), 210(2;. 
Austria: S, 11-24, 217. 

Administrative and executive power, 
23-24. 

Armed forces, under supreme command 
of Emperor, 24(5). 

Assembly, right Of, 17(11). 

Austria, Lower, 14(1), 15(6). 

Austria, Upper, 14(1), 15(6). 

Banks, 17(11). 

Bohemia, 14(1), 15(6). 

Budget, preparation of, 16(11). 

Bukowina, 14(1), 15(6). 
Carinthia, 14(1), 15(6). 

Carniola, 14(1), 15(6). 

Census, 17(11). 

Citizens: equality before the law, 12(2—3, 
4), 14(19) ; liberties, civic and re- 
ligious, 12(4, 7, 8), 13(13-18) ; rights, 
in general, 12(10)-13(13) ; domicili- 
ary, 12(6, 9) ; of property, 12(5-6) ; 
suspension of rights and liberties, 
14(20) ; vassalage, 12(7) ; and com- 
mercial and political treaties, 16(11). 

Citizenship, 11(1), 17(11). 

Commerce, 16—17. 

Gompromis of 1867, 11. 

Cracow, 14(1), 15(6). 

Credits, 17(11). 

Dalmatia, 14(1), 15(6). 

Domain, public, see Public domain. 

Domicile: inviolability of, 12(6, 9) ; legis- 
lation concerning, 17(11). 

Education, 17(11). 

Emigration, 12(4). 

Emperor: amnesty, right of, 23(13) ; ap- 
points and dismisses ministers, 23(3) ; 
concludes political treaties, 24(6) ; 



Austria — Continued. 

Emperor — Continued. 

confers titles, 23(4) ; has supreme com- 
mand of armed forces, 24(5) ; his per- 
son sacred, 23(2) ; oath, 24(8) ; par- 
don, right of, 23(13) ; peace, con- 
cluded by, 24(5) ; right to coin money^ 
24(7) ; war, declaration of, 24(5). 

Executive power, 23—24. 

Finance, competence of Reichsrat in,. 
16-17. 

Foreigners, 12(3), 17(11). 

Galicia, 14(1), 15(6). 

Oemeindevertretung, 12(4). 

Goerz, 14(1), 15(6). 

Gradiska, 14(1), 15(6). 

Hans der Abgeordneten, 14(1) ; see House 
of Representatives. 

Herrenhaus, 14(1) ; see House of Lords. 

House of Lords : clergy, higher, members 
of, 14(4) ; heads of noble families are 
hereditary members, 14(3) ; life mem- 
bers appointed by Emperor, 15(5) ; 
number of members, 15(5) ; president 
appointed by Emperor, 16(9) ; princess 
are members of, 14(2). 

House of Representatives : apportionment 
of members to election districts, 15(6) ; 
conduct of elections, 16(7) ; election 
of substitutes, 15(7) ; elegibility to, 
15(7) ; membership, 15(6) ; president 
appointed by, 16(9). 

Imperial Court: competence of, 21(2); 
laws concerning, 17(11) ; sessions at 
Vienna, 21(5). 

Industry, 17(11), nl. 

Istria, 14(1), 15(6). 

Judiciary: amnesty, right of, 23(13) ; 
action brought against state or judicial 
oflBcer, 22(9) ; courts established by 
law, 22(2) ; courts may determine val- 
idity of ordinances, 22(7) ; criminal 
proceedings, 22(10) ; Imperial Court, 
17 film), 21(2, 5) ; judges appointed 
for life by Emperor, 22(5) ; judges are 
independent, 22(6) ; judicial power ex- 
ercised in name of Emperor, 22(1) ; 
jury trial assured, 23(11) ; justice sep- 
arated from administration, 23(14) ; 
legislation of matters common to Aus- 
tria and Hungary, 17(11) ; legislation 
of matters particular to countries, 
17(11), oath of judicial officers, 
22(8) ; pardon, right of, 23(13) ; pro- 
ceedings before judges are public, 
22(10) ; Supreme Court of Justice and 
Cassation, Vienna, 23(12); see also 
Imperial Court. 

Landesordnung, 18 nl. 

Landesprdsident, 18 nl. 

Laws : officers of State responsible for 
observance of, 24(12) ; published in 
name of Emperor, 24(10) ; special laws, 
24(11). 



626 



INDEX. 



Austria-Hungary 



Austria — Continued. 

Letters, secrecy of, 12(10). 

Loans, 16(11). 

Lodomeria, 14(1), 15(6). 

Mails, see Post. 

Military affairs, 16(11), 24(5). 

Ministers : entitled to take part in delib- 
erations of Reichsrat, 20(21) ; respon- 
sible for their acts, 24(9). 

Monetary system, 16(11), 17(11), 24(7). 

Monopolies, 17(11). 

Moravia, 14(1), 15(6). 

NaviRation, 17(11). 

Nobility : seats in House of Lords, 
14(2,3). 

Occupation, freedom of, 13(18). 

Passports, 17(11). 

Patents, 17(11). 

Peace, conclusion of, 24(5). 

Person, freedom of, 12(8). 

Petition, right of, 13(11). 

Post, 17(11). 

Press, freedom of, 13(12), 17(11). 

Property rights, 12(5). 

Public debt, 16(11). 

Public domain, legislation respecting, 
16(llc). 

Public health, 17(11). 

Public office, 12(2-3). 

Race, equality of, 14(19). 

Railways, 17(11). 

Reichsgerielit, 20(1) ; see Imperial Court. 

Reichsrat: adjournment, 20(19) ; com- 
petence of, 16(11) ; composition of, 
14(1) ; convened annually by Emperor, 
16(10) ; House of Lords, 14(1) ; House 
of Representatives, 14(1) ; is the repre- 
sentative body, 14(1) ; legislation be- 
longing within power of provincial diet, 
17(12) ; members elected for 6 years, 
19(18) ; members eligible for reelection, 
20(18) ; members, freedom from arrest, 
19(16) ; members must personally exer- 
cise right to vote, 19(17) ; members re- 
ceive no instruction, 19(16) ; ministers 
to take part in deliberations, 20(20) ; 
quorum, 19(15) ; right to propose laws, 
18(13) ; right to propose emergency 
legislation, 18(14) ; sessions are public, 
20(23) ; sessions may be secret, 20 
(23) ; term, length of, 19 n2. 

Religion: freedom of, 13(14—15) ; higher 
clergy in House of Lords, 14(4). 

Salzburg, 14(1), 15(6). 

Science, freedom of," 13(17). 

Seignorial rights, 17(11). 

Silesia, Lower, 14(1), 15(6). 

Silesia, Upper, 14(1), 15(6). 

Statthalter, 18 nl. 

Styria, 14(1), 15(6). 

Taxes, levy of, 16(11). 

Teaching, freedom of, 13(17). 

Territory, alienation of, 16(11). 

Trade-marks, 17(11). 



Austria — Continued. 

Treaties, 16(11), 24(6). 

Triest, 14(1), 15(6). 

Tyrol, 14(1), 15(6). 

Vassalage abolished, 12(7). 

Verordnungen, 22(7). 

Voralberg, 14(1), 15(6). 

War, declaration of, 24(5). 

Weights and measures, 17(11). 
Austria, Lower, 6(8), 14(1), 15(6). 
Austria, Upper, 6(8), 14(1), 15(6). 
Austria-Hungrary (The Dual Monarchy) : 
3-10; see also Austria (11-24), and 
Hungary (25-41). 

Affairs not common to, 4(2). 

Affairs common to: 4(1) ; administra- 
tion of such affairs, 5(5) ; common ad- 
ministration of Bosnia and Herze- 
govina, 9—10 ; common legislative mat- 
ters, 5(6). 

Army, management and conduct of be- 
longs to Emperor, 5(5). 

Austria, Lower, 6(8). 

Austria, Upper, 6(8). 

Austrian Law of 21 December 1867, 3, 
4-9. 

Austrian Law of 22 February 1880, 9-10. 

Berlin. Treaty of, 3. 

Bohemia, 6(8). 

Bosnia a;id Herzegovina : incorporation 
in Austria-Hungary, 3 ; administration 
of, by Austria-Hungary, 9-10. 

Bukowina, 6(8). 

Carinthia, 6(8). 

Carniola, 6(8). 

Commercial affairs not common to Aus- 
tria and Hungary, 4(2). 

Cracow, 6(8). 

Customs : legislation not common to Aus- 
tria and Hungary, 4(2) ; of Bosnia 
and Herzegovina, 10(4). 

Dalmatia, 6(8). 

Defense, systems of, not common to 
Austria and Hungary, 4(2). 

Diet (Hungarian) : 5(3, 6), n2, 6; see 
also Legislative body. 

Dual Monarchy : formation of, 3 ; or- 
ganization of, 4—10. 

Emperor, 5(5), 9(36). 

Expenses : common to Austria and Hun- 
gary, 4(4) ; may be fixed for one year 
by Emperor, 5(3) ; of Bosnia and 
Herzegovina, 10(3). 

Finances, common to Austria and Hun- 
gary, 4(1). 

Foreign affairs, common to Austria and 
Hungary, 4(1) ; Minister of, 4 nS. 

Galicia, 6(8). 

German language, use of, in joint legisla- 
tive body, 8(30). 

Goerz. 6(8). 

Gradiska, 6(8). 

Hapsburgs, throne of the, 3. 

History of, 3. 



627 



Austria-Hungary 



INDEX. 



Austria-Hungary — Continued. 

House of Lords : shall choose 20 mem- 
bers for Reichsrat, 5(S). 

House of Representatives : shall choose 40 
members for Reichsrat, 6(8) ; composi- 
tion, 6(8). 

Hungarian language, use of, in joint legis- 
lative body, 8(30). 

Hungarian Lavi^ 12 of 12 June 1867, 3, 
4 n2, nlf, 5 nl. 

Hlungarian Law 6 of 1880, 9 n4. 

Istria, 6(8). 

Laws : 21 Dec. 1867, 3, 4 ; Austrian Law 
of 22 Feb. 1880, 9 ; Law of 21 Dec. 1867, 
3, 4 ; Law concerning administration, 
9-10. 

Legislative body, joint to both monarch- 
ies : composition, 5(7)-6(12) ; Em- 
peror's approval of enactments on mat- 
ters not common to both monarchies, 
9(36) ; functions, 5(6), 6(13) ; func- 
tions in matters not common to both 
monarchies, 9(36) ; joint presidents, 
8(31-32) ; legislative procedure, 6 
(14)-7(22) ; 8(28)-9(36) ; quorum, 8 
(33) ; sessions, 8(26-27, 29), 9 (34) ; 
rights of the joint ministry in, 8(28), 
9(36). 

Loans, joint, 5 (3), nS. 

Lodomeria, 6(8). 

Military and naval affairs common to 
Austria and Hungary, 4(1) ; defense, 
system of, not common to Austria and 
Hungary, 4(2). 

Ministry : rights in and coordination 
with the joint legislative body, 9(36) ; 
minister of foreign affairs, 4 nS. 

Monetary system and standard not com- 
mon to Austria and Hungary, 4(2) ; of 
Bosnia and Herzegovina, 10(4). 

Moravia, 6(8). 

Naval affairs, not common to Austria and 
Hungary, 4(1). 

Pragmatic Sanction of 19 April 1713, 3. 

Public debt, 5(4), nl,. 

Railways : regulation of, not common to 
Austria and Hungary, 4(2) ; construc- 
tions of, in Bosnia and Herzegovina, 
10(3). 

Reichsrat (Austrian) : 5(3, 6, 7), nZ, 
6(9-12), 7(20-25), 8(26, 30), 9(35) ; 
see also Legislative body. 

Salzburg, 6(8). 

Silesia, Lower, 6(8). 

Silesia, Upper, 6(8). 

Styria, 6(8). 

Taxes, indirect : not common to Austria 
and Hungary, 4(2) ; of Bosnia and 
Herzegovina, 10(4), 

Triest, 6(8). 

Tyrol, 6(8). 

Voralberg, 6(8). 
Authors: Cuba, 156(35); Guatemala, 
281(20) ; Honduras 821(68), 324(16) ; 
Nicaragua, 437(59), 441(85) ; Panama, 



Authors — Continued. 

462(40) ; Roumania, 521(24) ; Serbia, 
557(22) ; United States, 611(8) ; see 
also Writers. 

Autocratic power (Russia), 538(4). 

Aveyron, Department of (France), 210(2). 

Avlona, 1. 

Bacau (Roumania), 525(62). 

Bacs-Bodrogh (Hungary), 35(4). 

Baden (Germany), 219 (1), 221(6), 224 ni, 

231 nS. 
Bahia (Brazil), 66 nS. 
Bahai Honda (Cuba), 174 nl. 
Bail : Great Britain, 257 ; Liberia, 361(10) ; 

United States, 619(8). 
Ball, Alice M., iv. 
Ballot: United States, 619(12). 
Bandars, 183(37), 184(2). 
Banishment: Brazil, 80(20), 82(80); 
Cuba, 156(30), 157(4) ; see also 
Exile. 
Bank of France, 202 fi3, 205 n2. 
Bankruptcies: United States, 611(8). 
Banks and banking: Austria, 17(11) ; Bra- 
zil, 63(7), 68(8) ; Costa Rica, 130(8) ; 
France, 202 7i3, 205 n2j Germany, 
220(4), 224(3) ; Nicaragua, 443(26) ; 
Portugal, 506(11) ; Turkey, 599(6). 
Barillas, Don Manuel Lisandro, 292(4). 
Basses-Alpes, Department of (France), 

210(2). 
Basses-Pyrenees, Department of (France), 

210(2). 
Bassa County (Liberia), 364(5). 
Bavaria (Germany), 219(1), 221(6), 224 

nh 231 nS. 
Bedouins, 177(3). 
Beggars: Brazil, 78(70). 
Behera (Egypt), 177(3). 
Belfort (France), 210(2), 214(3). 
Belgium, 43-59. 
Albert, King, 53 nl. 
Anglican Church, 57 ni. 
Antwerp, 44(1). 
Appeal courts, 55(104). 
Army: armed police, 58(120); citizen 
militia, 58(122, 123) ; contingent voted 
annually, 58(119) ; foreign troops not 
allowed to cross or occupy territory, 
58(121) ; King confers grades, 52(66) ; 
method of recruiting determined by 
law, 57(118) ; right of soldiers to hon- 
ors, 58(124). . 
Authority : emanates from the people, 
46(25) ; initiative rests with the three 
branches, 46(27) ; legislative power ex- 
ercised collectively by King, House and 
Senate, 46(26). 
Brabant, 44(1). 
Brussels, 58(126). 
Capital city, 58(126). 
Catholic Church, 57 ni. 
Citizen militia, 58(122, 123). 



628 



INDEX. 



Belgium 



Belgrlam — Continued. 

Citizens : are equal before the law, 44(6) ; 
civil rights, deprivation of, abolished, 
45(13) ; confi.scation of property not 
to bo established, 45(12) ; domicile in- 
violable, 45(10) ; freedom of worship, 
43(15) ; individual liberty guaranteed, 
44(7) ; nationality, 44(4) ; naturaliza- 
tion, 44(5) ; no class distinction, 44(6) ; 
political rights, 44(4) ; privacy of cor- 
respondence, 46(22) ; right of assem- 
bly, 46(19) ; right of petition, 46(21) ; 
use of language optional, 46(23). 

Civil marriage precedes religious cere- 
mony, 45(16). 

Civil rights, deprivation of, abolished, 
45(13). 

Coat of arms, 58(125). 

Coinage, right belongs to King, 52(74). 

Colonies, possessions, 44(1). 

Colors, 58(125). 

Commerce, 47(31). 

Communes, rectification of boundaries of, 
44(3). 

Congo Free State : administration taken 
over by Belgium, 43, 51 nJt ; constitu- 
tional law sanctioned, 43. 

Constitution : all laws contrary thereto 
are abrogated, 59(138) ; no change to be 
made during regency, 53(84) ; not to be 
suspended, 59(130) ; passed 7 Feb. 1831, 
43, 44 ; promulgated 11 Feb. 1831, 43 ; 
. revision of, 58(131) ; temporary pro- 
visions, 59(132-138). 

Domicile inviolable, 45(10). 

East Flanders, 44(1). 

Education: private instruction, 45(17); 
public instruction, 45(17). 

Equality before law, 44(6). 

Evangelical Church, 57 nJi. 

Finance: budget voted annually, 57(115) ; 
court of accounts, 57(116) ; expendi- 
tures of State and army, 46(27) ; no 
tax privileges, 57(112) ; pensions, 
57(114) ; salaries of ministers of re- 
ligion paid by State. 57(117) ; taxes, 
how imposed, 56(110) ; taxes voted an- 
nually, 56(111). 

Flanders, 44(1). 

Foreigners: protection of, 58(128); 
right of, 59(133). 

Hainaut, 44(1). 

Holland, union with. 43. 

House of Representatives : additional 
votes allotted to citizens, 48(47) ; 
classification of voters, 48(47) ; elec- 
toral colleges, 49(48) ; has power to 
accuse minister, 59(134) ; members 
chosen by direct election, 48(47) ; 
members, compensation, 49(52) ; mem- 
bers elected for 4 years, 49(51) ; mem- 
bers, eligibility, 49(50) ; representa- 
tives, 49(49) ; votes allotted to citi- 
zens, 48(47). 



Bel^iaiii^ — ^Contiuued. 

Independence of Belgium proclaimed 18 
Nov. 1830, 43. 

.Tewish religion, 57 M. 
Judiciary: appeal courts, 55(104) ; com- 
mercial courts, 56(105) ; Court of Cas- 
sation, 54(95) ; courts, competence of, 
54(92) ; coui-ts, personnel to be main- 
tained, 59(135) ; interpretation of law 
belongs to legislative power, 46(28) ; 
judgments to be pronounced in open 
court, 55(97) ; judges appointed by 
King, 55(99) ; judges appointed for 
life, 55(100) ; judicial power exercised 
by courts, 46(30) ; laws abolished, 
59(137) ; military tribunals, 55(105) ; 
oaths, form of, 58(127) ; penalty by 
virtue of law, 45(9) ; right of jury trial 
established, 55(98) ; salaries of mem- 
bers fixed by law, 55(102) ; sessions of 
courts to be public, 55(96). 

King : appoints and dismisses ministers 
52(65) ; appoints government officials 
52(66) ; appoints judges, 55(99) ; ap 
proves and promulgates laws, 52(69) 
civil list, 53(77), nl; commands land 
and sea forces, 52(68) ; confers grades 
in army, 52(66) ; constitutional pow- 
ers are hereditary, 51(60) ; confers 
military orders, 53(76) ; confers titles, 
52(75) ; executive power vested in, 
46(29) ; has power to remit penalties, 
52(73) ; has right to coin money, 
52(74) ; has right to convene Houses, 
52(71) ; issues decrees, 52(67) ; major- 
ity, 53(80) ; ministers responsible for 
decrees, 51(64) ; oath, 53(80) ; per- 
son inviolable, 51(63) ; privileges of, 
52(68) ; regency, 53(82) ; shall not be 
head of another State, 51(62) ; succes- 
sion, 51(61), 53(81). 

Laws : ordinances obligatory after being 
published, 58(130) ; Netherlands Con- 
stitutional Law of 25 Aug. 1830, 43 ; 
Protocol of 21 June 1814, 43. 

Legislative body : assembles at the death 
of King, 53(79) ; determines the man- 
ner to exercise its power, 48(46) ; 
elects its own president, 47(37) ; mem- 
ber can not belong to both Houses, 47 
(35) ; members free from arrest, 48 
(44) ; members represent the nation, 47 
(32) ; petition in person forbidden, 48 
f43) ; procedure, 47(41, 42) ; provide 
for the vacancy of the throne, 58(85) : 
quorum, 47(38) ; right to investigate 
public affairs, 47(40) ; sessions are 
public, 47(33) ; sessions may be secret, 
47(33) ; time of assembly, 52(70) ; 
votes, how taken, 47(39). 

Leopold of Saxe-Coburg, 43. 

Limbourg, 44(1). 

Luxembourg, 44(1). 

Military tribunals, 55(105). 



629 



Belgium 



INDEX. 



Belgium — Continued. 

Ministers : appointed and dismissed by 
King, 52(65) ; can be accused by House 
of Representatives, 54(90) ; have ad- 
mission to either house, 54(88) ; not 
relieved of responsibility by King, 
54(89) ; qualifications, 54(86) ; sen- 
tenced by Court of Cassation, 54(91). 
Mort civile, 45(13), nZ. 
Motto, 58(125). 
Namur, 44(1). 
National Congress of Belgians of 10 Nov. 

1830, 43. 
Naturalization, 44(5). 
Nobility, titles of, conferred by King, 

52(75). 
Oaths, form of, 58(127). 
Person, liberty of, 44(7). 
Polders, 57(113). 
Possessions, 44(1). 
Press: censorship prohibited, 45(18); 

freedom of, 45(18). 
Property rights, 45(11). 
Protestant Evangelical Chvirch, 57 nlf. 
Provinces, 44(1—3). 
Provincial and communal institutions, 

56(108-109). 
Public officials, action against, 46(24). 
Religion : appointment of ministers, 
45(16) ; civil marriage precedes re- 
ligious ceremony, 45(16) ; freedom of 
worship, 45(14) ; salaries and pensions 
paid by State, 57(117). 
Revolution of 25 Aug. 1830, 43. 
Senate: composition, 50(1) ; eligibility to 
election 50(56) ; illegal meetings, 
51(59) ; members elected for 8 years, 
50(55) ; members receive no salary, 
50(57) ; number of senators elected, 
50(54) ; sons of King and princes have 
right to Senate, 51(58). 
Taxes, 56(110-111). 
Territory, rectification of boundary of, 

44(33). 
Titles, conferred by King, 52(75). 
Treaties, made by King, 52(68). 
Union with Holland, 43. 
Wateringen, 57(113). 
West Flanders, 44(1). 
Belgrade, 39(4), 553(2), 564(81). 
Belgrade University of, 583 nl. 
Beni-Souef (Egypt), 177(3). 
Bjrat, 600(81). 
Berlad (Roumania), 525(62). 
Berlin : Treaty of, 3, 407, 589. 
Berwick upon Tweed (Great Britain), 253 

(10). 
Bibles, 340(28). 

Bills of credit (United States), 613(10). 
Birket (Egypt), 186(41). 
Bluefields (Nicaragua), 449(117). 
Bocas del Toro (Panama), 458(4). 
Bohemia, 6(8), 14(1), 15(6). 
Bonaparte, Louis Napoleon, 192(9). 
Bonaparte, Napoleon, 191(4), 217, 337. 



Borgo (Parish, San Marino), 550(9). 
Bosnia and Herzegovina : incorporation in 
Austria-Hungary, 3 ; administration of, 
by Austria-Hungary, 9-10. 
Botoshani (Roumania), 525(62). 
Bouches-du-RhOne, Department of (Prance), 

210(2). 
Boundaries: Brazil, 68(10); Bulgaria, 
88(2) ; Costa Rica, 112(3) ; Egypt, 
183(37) ; Panama, 458(4), 466(24), 
467(7) ; Persia, 485(22), 493; Portu- 
gal, 506(12) ; Roumania, 518(2). 
Bounties: United States, 622(4). 
Bourbon Charter of 1814, 191(5). 
Boyer (President of Haiti), 295. 
Brabant (Belgium), 44(1). 
Braila (Roumania), 525(62). 
Branding, 393(18). 

Branner, J. C, Foreign Constitutions {The 
Convention Manual of the Sixth Net* 
York State Constitutional Convention, 
1894) (cited), 44 Jii, 61 wi. 
Brazil: 61-85. 

Agriculture, 69(35). 
Alagoas, 66 n3. 
Amazonas, 66 nS. 
Amnesty, 69(27). 
Anonymous publications, 79(12). 
Armed forces, 68(17). 
Arsenals, 69(31). 
Arts and sciences, 69(35). 
Assembly, right of, 79(8). 
Attorney General, 75(58), 82(81). 
Babia, 66 n3. 

Banishment, 80(20), 82(80). 
Banks, 63(7), 68(8). 
Beggars, 78(70). 
Boundaries, 68(10). 
Ceara, 66 nS. 
Cemeteries, 79(5). 
Census, 67(28). 

Chamber of Deputies: power, 65(18); 
eligibility to, 66(26) ; composition, 
66(28) ; adjournment, 67(29) ; freedom 
of, 65(19) ; see also Senate; National 
Congress ; Legislative power. 
Citizens: qualifications, 77(69); rights 
and duties, 78-81(72) ; military ser- 
vice, 82(86). 
Civil law, 76(60). 
Civil marriage, 79(4). 
Civil rights, 80(28). 
Coins, 68(7). 

Commerce: 69(35) ; international, 68(5). 
Commissions, 81(74). 
Constant, Benjamin, Botelho de Megal- 

haes, 85(8). 
Constitution: 69(35); amendments, 83 

(90). 
Constitutions, State, 76(63). 
Conventions, 68(12), 73(48). 
Copyright, 80(26). 
Correspondence, secrecy of, 80(18). 
Court of Accounts, 83(89). 
Credit, 84(4). 



630 



IjSTDEX. 



Brazil 



Brazil — Continued. 

Crirainnl cases, 82(81). 

Custom-houses, 63(7). 

Damages, 76(60). 

Death penalty, 80(21). 

Defense, 64(14), 68(16). 

Deputies, 66(28). 

Descmbargadores (judicial oflScers) , 

85(6). 
Detention, 81(80). 
Diplomatic corps, 73(48). 
Diplomatic missions, 65(23). 
Districto Federal, see Federal District. 
Domicile, 79(11). 
Draft, military, 83(87). 
Education, 69(30, 3, 4), 79(6). 
Elections, 68(22), 72(47), 84(1-4). 
Electors, 66(26), 78(70). 
Emigration, 79(10). 
Equality before law, 78(72). 
Espirito Santo, 66 nS. 
Estates of foreigners, 76(61). 
Exemption from duties of citizenship, 

80(29). 
Executive power, 64(15), 70(41) ; see 

also President. 
Extradition, 69(32), 77(66). 
Federal administration, 84(3). 
Federal appointments, 75(58). 
Federal capital, 62(2, 3), n$. 
Federal District, 62(2), w2, 66(28), 69(30, 

35), 77(67). 
Federal government, 62(6). 
Federal judges, 85(6). 
Federal offices, 69(25). 
Federal revenue, 68(4). 
Federal Supreme Court, see Supreme 

Court. 
Foreign forces, 68(19). 
Foreign relations, 73(14). 
Foreigners, 76(60), 78(69). 
Form of government, 62(1) ; States, re- 
lation of, 62(4) ; Federal government, 

62(6). 
Oalleys, 80(20). 
Government, 62(1). 
Goyaz, 66 nS. 

Habeas corpus, 76(61), 80(22). 
Illiterates, 78(70). 
Immigration, 69(35), 79(10). 
Impeachment, 69(28), 74(52-54), 75(57). 
Imports, 63(7). 
Imprisonment, 79(14). 
Industries and professions, 63(9), 

69 (.35). 
International law, 76(60). 
Inventions, 80(25). 
Judges, 73(11), 85(6). 
Judiciary: 64(15) ; composition, 74(55) ; 

salaries, 74(57) ; Attorney General, 75 
(58), 82(81) ; power of Supreme 

Court, 74(55), 75(59) ; State courts, 

76(62). 
Jury trial, 81(31). 
Law, protection of, 80(15). 



Irazil — Continued. 

Laws, 69(23), 69(33), 70(38). 

Legal promotions, 65(23). 

Legislative power: 64(15) ; National Con- 
gress, 64(16) ; elections, 64(16) ; see 
also Senate ; Chamber of Deputies. 

Legislature, 65(17). 

Loans, 68(2). 

Maranhao, 66 n3. 

Maritime laws, 76(60). 

Matto Grosso, 06 n3. 

Military affairs : commands and commis- 
sions, 65(23) ; militia, 68(20) ; forces, 
72(48) ; soldiers, 78(70) ; officers, 81 
(76, 77) ; Supreme Military Court, 81 
(77) ; military service and instruc- 
tion, 82(86), 82(87). 

Minas Geraes, 66 iiS. 

Mines, 69(29), 77(64), 80(17). 

Ministers of State: 72(84), 73(49) ; pre- 
side over ministries, 73(49) ; shall not 
be elected President or Vice President, 
73(50) ; impeachment, 74(52) ; see also 
President. 

Monastic orders, 78(70). 

Municipal authorities, 77(67). 

Municipalities, 77(68). 

National Congress, 64(16), 67(34). 

National guard, 68(20). 

National property, 77(64). 

Naturalization laws, 69(24). 

Naval affairs: forces, 72(48), 82(85), 
83(87) ; officers, 81(76, 77) ; naval 
school, 83(87). 

Naval school, 83(87). 

Navigation, 64(13), 68(6), 76(60). 

Officers, army and navy, 81(76, 77). 

Para, 66 nS. 

Parahyba, 66 nS. 

Parana, 66 nS. 

National Congress, 64(16) ; powers, 

67(34) ; laws and resolutions, 69(36) ; 

see also Legislative power ; Chamber 

of Deputies ; Senate. 

Patents, 80(25), nl. 

Peace, declaration of, 68(11), 72(48). 

Pedro, Dom, de Alcantara, 85(7). 

Pensions, 81(75). 

Pernambuco, 66 nS. 

Piauhy, 66 nS. 

Police service, 65(18), 69(30). 

Political crimes, 76(60). 

Political rights, 80(28). 

Port dues, 63(7). 

Post and Telegraph: 68(15); taxes, 
63(7). 

President: 67(29), 70(41), 83(1); 
duties, 74(53) ; eligibility, 71(41) ; 
impeachment, 74(53) ; election 71(47) ; 
ministers of State, and, 73(49) ; oath 
71(44) ; power of, 72(48) ; presidential 
message, 73(48) ; term, 71(43) ; Vice- 
President, 71(41) ; see also Ministers 
of State. 

Press, 79(12). 



631 



Brazil 



INDEX, 



Brazil — Continued. 

Products in transit, 64(11). 

Professions: industries and, 63(9) ; free- 
dom of, 80(24). 

Property: 63(9), 76(60) ; rights, 80(17). 

Public debt, 68(3), 82(84). 

Public lands, 69(29), 77(64). 

Public offices, 81(73), 82(82). 

Publications, 79(12). 

Real estate, 63(9). 

Recruiting, military, 82(87). 

Religion: freedom of, 79(3); worship, 
64(11). 

Resolutions, legislative, 70(38). 

Retirement of judges, 85(6). 

Revenues, 84(5). 

Rio de Janeiro, 66 nS. 

Rio Grande do Norte, 66 nS. 

Rio Grande do Sul, 66 nS. 

Sao Paulo, 66 nS. 

Santa Catharina, 66 tiS. 

Senate: power, 65(18), 84(5) ; adjourn- 
ment, 66(17) ; vacancies, 65(17) ; free- 
dom of, 65(19) ; composition, 67(30) ; 
president, 67(32). 

Sergipe, 66 nS. 

Siege, 68(21), 73(48), 81(80). 

Speech, freedom of, 79(12). 

Stamp duties, 63(7). 

State Constitution, 76(63), 84(7). 

State courts, relation to Supreme Court, 
76(62) ; see also Supreme Court. 

State judges, 85(6). 

State representation, 83(90). 

States, 62(1-5), 64(13), 76(63), 77(64- 
67). 

Subsidies, 68(14), 79(7). 

Suffrage, 66(28), 71(47). 

Supreme Court, 71(41), 73(12), 74(55- 
59); composition, 74(56); power of, 
75(59) ; relation of State courts to, 
76(62) ; see also State courts. 

Supreme Military Court, 81(77). 

Taxes, 63(7). 

Trade-marks, 80(27). 

Treaties, 68 (12), 73(48). 

Veto, 69(37). 

Vice-President, 67(32), 71(41, 47), 83 

(1). 
Veto de qualidacle, 67(32). 
War, declaration of, 68(11), 72(48). 
"Weights and measures, 68(9). 

Bremen (Germany), 219(1), 221(6), 224 n4. 

Bribery : United States, 615(4). 

British and Foreign State Papers, iii ; 
(cited), 3 nl, 11 nl, 34 n2-7, 61 nS, 87 
nl-3, 87 n2, n3, 88 nS, 111 nl-6, 151 nl, 
nS, nit, 175 w2, i^, 191 nl, n2, 192 nl-3, 
217 nlS, 218 n2~i, 236 nl, 261 nl-6, 
262 nl, 279 nl, nS, 295 nl, n2, 315 nl, 
n2, 351 n2, 352 nl, 359 n2, 375 nl, 391 
nl-J,, 392 nl, 392 ni, nS, 407 nl, nS, 429 
nl, 431 nlS, 457 n2, ni, 481 nl, 482 n2, 
499 nl, nZ, 517 n2, 553 nl-5, 554 nl, nS 
587 nl, 590 n2. 



British Foreign Office (statement cited), 1 
n2. 

British Parliamentary Papers (cited), 482 

n2, 489 n2. 
Browne, E. G., The Persian Revolution of 
1905-1909 (cited), 481 nl, n2, 482 n2, 489 
ni; A Brief Narrative of Recent Events 
in Persia (cited), 481 nl, 482 n2j The 
Persian Constitutional Movement 
(cited), 482 nlj Twelve Imams of the 
Shiah Sect of Islam, 490 nl. 
Brunswick (Germany), 219(1), 221(6), 

224 ni. 
Brussels (Belgium), 58(126). 
Buchanan, Thomas, 359. 
Bucharest (Roumania), 525(62), 534(124). 
Bucharest, University of, 527(73). 
Budget: Austria, 16(11); Bulgaria, 98 
(105), 99(119) ; China, 107(19) ; 
Costa Rica, 129(77), 140(105), 149 
(1) ; Cuba, 161(59), 168(93), 170 
(105) ; Egypt, 180(22), 182(35) ; Ger- 
many, 233(62) ; Greece, 265(24), 270 
(60), 273(83) ; Haiti, 310(106) ; 311 
(114) ; Honduras, 325(25), 332(135- 
138) ; Japan, 357(64) ; Nicaragua, 451 
(132), 452(139); Panama, 468(8); 
Persia, 484(18), 485(20) ; Portugal, 
511(54) ; Roumania, 533(113) ; Rus- 
sia, 546(72) ; Serbia, 569(112), 579 
(173), 583(196), 586(201); Turkey, 
598(64), 602(96-102). 
Bukowina (Austria-Hungary), 6(8), 14(1), 

15(6). 
Bulgaria: 87-104. 

Agriculture and Domains of the State, 

Ministry of, 104(161). 
Alienation of territory, 101(142). 
Armed forces, 98(102). 
Arms, 90(21), 97(102). 
Arrondissements, 88(3). 
Assembly, right of, 95(82). 
Associations, 95(83). 
Bills, legislative, 98(105, 109). 
Boundaries, 88(2). 
Budget, 98(105), 99(119). 
Censorship, 95(79). 

Citizens: 93(54) ; change of nationality, 
93(53) ; are equal before law, 93(57) ; 
alone may be officials, 93(65) ; foreign 
subjects, 94(66). 
Civil list, 91(35). 
Civil rights, 93(60). 
Clergy, 100(132). 
Commerce, Industry and Labor, Ministry 

of, 104(161). 
Commissioners, 96(92). 
Commissions, 98(106). 
Communes, 88(3). 
Confiscation, 95(75). 

Constitution, mode of revision and modi- 
fication, 104(167-169). 
Constitutional amendments, 104(167). 
Contributions, 94(69). 



632 



INDEX. 



Bulgaria 



Bulgaria— Continued. 
Corniption, 103(155). 

Council of Ministers, 89(19), 92(47), 
100(125), 101(140), 102(143, 148- 
156) ; see also Ministers. 
Court of Accounts, 98(105). 
Courts martial, 94(73). 
Decrees, 89(18). 
Domicile, 95(74). 
Eastern Rumelia, 87. 
Education, 95(78, SO). 
Education of King, 91(32). 
Elections, 101(136). 
Electoral law, 88. 
Emergency expenditures, 100(126). 
Equality before law, 93(57). 
Executive power belongs to King, 89(12). 
Exemption from taxes, 94(70). 
Expropriation, 94(68). 
Ferdinand 1, 90(24). 
Finance, Ministry of, 104(161). 
Flag. 90(23). 
Foreign affairs and worship. Ministry of, 

104(161). 
Foreign invasion, 94(73). 
Foreign relations, 89(17). 
Foreigners, 93(55), 93(64). 94(66). 
Form of government, 88(4). 
Fourteenth Ordinary National Assembly, 

87. 
Freedom of worship, 91(40). 
Grand National Assembly: 87, 91(34), 
96(85) ; convened by King, Regency, or 
Council of Ministers, 101(140) ; pur- 
pose, 101(141) ; composition, 102(145) ; 
see also National Assembly. 
Heir to the throne, 90(20), 91(36). 
Holy Scriptures, 95(80). 
Holy Synod, 91(39), 95(80). 
Imprisonment, 95(74). 
Insurrection, 94(73). 
Interior and Public Health, Ministry of, 

104(161). 
Internal police, 98(103). 
Judicial power, 89(13). 
Justice, Ministry of, 104(161). 
King, majority of, 90(25). 
Liaws : submitted to King for his sanc- 
tion, 92(45) ; made in the forms indi- 
cated in Constitution, 92(43) ; King 
may publish ordinances, 92(47). 
Legislation, 88(9), 98(105, 108-109), 

104(167). 
Letters, secrecy of, 95(77). 
Loans, 98(105), 100(123). 
Meetings, 97(99). 
Members of Assembly, 97 '95). 
Military affairs, 89(11), 94(71-72), 

98(102). 
Ministers, 96(90), 98(105), 102(148), 
103(152, 153, 158, 160) ; see also 
Council of Min.sters. 
National Assembly: 92(49) ; composition, 
96(86) ; elegibility, 96(86) ; freedom of 
opinion of members, 97(93) ; meetings 



Balg:ai*ia — Continued. 

National Assembly — Continued. 

are public, 97(99) ; rules, 98(108) ; 
bills presented, 99(114) ; tie vote, 
99(117) ; budget, 99(119) ; convening, 
100(128) ; oath of members, 100(131) ; 
King's speech, 101(133) ; see also 
Grand National Assembly. 
Nationality, 93(56). 
Nobility, titles of, 93(58). 
Oath of Assembly, 100(131). 
Oaih of heir to the throne, 91(34). 
Offices of State, 104(164). 
Officials, 93(65). 

Ordinary National Assembly, 87, 96(85). 
Orthodox Christian Religion, 91(37). 
Orthodox Church, 95(80). 
Orthodox schools, 95(80). 
Ottoman Empire, 87. 
Pardon, 89(15), 103(159). 
Pension, 104(166). 
Petitions, 98(106). 
Police laws, 93(62). 
Political rights, 93(60). 
President of National Assembly, 96(88), 

97(93), 102(145). 
Primary instruction, 95(78). 
I'rimogeniture, 90(24). 
Printers, 95(79). 
Property, immovable, 93(63). 
Property of State : belongs to Kingdom, 
92(51) ; alienation of, 93(52) ; admin- 
istration of, 93(53). 
Property rights, 94(67). 
Propo.sals, legislative, 98(109), 104(167). 
Public Instruction, Ministry of, 104(161). 
Public order, 93(62). 
Pul)lic Works, Ministry of, 104(161). 
Publicity of Assembly, 97(100). 
Publishers, 95(79). 
Queen, 103(3). 

Railways, Posts and Telegraphs, Minis- 
try of, 104(161). 
Regency, 89(19), 90(26), 101(140), 

102(143), 103(2). 
Regulations, 89(18). 

Religion: State religion, 91(37); free- 
dom of worship, 91(40) ; ecclesiastical 
affairs, 92(42). 

Representatives, 96(87), 97(97). 

Residence of King, 89(19). 

Russo-Turkish War, 87. 

San Stefano, 87. 

Seal, 90(22). 

Secret stipulations, 89(17). 

Siege, 94(73). 

Slavery, 93(61). 

State property, see Property of State. 

Succes.sion to the throne, 90(24-26), 

91(32, 34-35, 37). 
Taxes, 92(48), 94(69-70), 98(105). 
Telegrams, secrecy of, 95(77). 
Territory: districts, 88(3); boundary 

lines, 88(2) ; may not be increased or 

diminished, 88(1). 



SS3S1— 19 41 



633 



Bulgaria 



INDEX. 



Bulgaria — Continued. 

Tirnovo, 87. 

Titles of nobility, 93(58). 

Torture, 95(75). 

Treaties, 89(17). 

Tutors of King, 91(33). 

Vice-President of National Assembly, 
96(88), 102(145). 

War, Ministry of, 104(161). 

Writers, 95(79). 
Bulla Aurea, 25. 

Bulletin des Lois (Haiti), 304(66). 
Bundesrat (Germany), see Germany: Bun- 

desrat. 
Buoys: Germany, 220(4). 
Buzeu (Roumania), 525(62). 

Cairo, 177(3). 

California (U. S. A.), 621 n2. 

Calvados, Department of (Fi-ance), 210(2). 

Canals: Cuba, 161(59); Egypt, 179(18), 

184(38) ; Germany, 220(4). 
Canas-Jerez (Costa Rica), 113(5). 
Cantal, Department of (France), 210(2). 
Cap-Haitien (Haiti), 299(32). 
Capital punishment, see Death penalty. 
Capitation: United States, 612(9). 
Carinthia (Austria-Hungary), 6(8), 14(1), 

15(6). 
Carniola (Austria-Hungary), 6(8), 14(1), 

15(6). 
Carrera, Rafael, 279. 
Cartago (Costa Rica), 143(116). 
Castel Gandolfo (Italy), 348(5). 
Catholic Church, see Roman Catholic 

Church. 
■Caution money, 394(24), 521(24). 
Cavalry, see Military affairs. 
Cayes (Haiti), 299(32). 
Ceara (Brazil), 66 nS. 
Cemeteries: Portugal, 500(9). 
'Cons, 526(63). 
Censorship: Bulgaria, 95(79); Greece, 

264(14) ; Guatemala, 282(26) ; Haiti, 

297(16) ; Luxemburg, 394(24) ; Monte- 
negro, 427(210); Panama, 461(27); 

Persia, 491(20); Portugal, 521(24); 

Serbia, 557(22). 
Census: Brazil, 67(28); Haiti, 299(32); 

Liberia, 365(7) ; Nicaragua, 448(36) ; 

Panama, 465(16) ; United States^ 

608(2), 612(9). 
Central America, 433(10). 
Central American Federation, 111, 279, 315 

(1), 431, 432(2). 
Central Americans, 316(8), 432(9). 
Chance, see Games of chance. 
Charente, Department of (France), 210(2). 
Charente-Inferieure, Department of 

(France), 210(2). 
Charles (of Hohenzollern-Sigmaringen), 

517, 528(82). 
Charles II (England), 258 ji5. 
Charles VI (Liechtenstein), 375. ' 
Charleville (France), 200(12). 



' Chambord, Comte de, 192(11). 
Charity and charitable institutions : Nica- 
ragua, 443(87) ; Panama, 461(34) ; 
Serbia, 583(193). 
Cher, Department of (France), 210(2). 
Chiesa nuova (Parish, San Marino), 

550(9). 
China: 105-110. 

Advisory Council: composition, 107(17) ; 
election to, 107(17) ; powers, 107(19) ; 
meetings, 107(20) ; president of, 
108(24) ; members, 108(25) ; procedure, 
108(27) ; dissolution, 108(28). 

Ambassadors, 109(34). 

Amnesty, 109(40). 

Army, 108(32). 

Arrests, 106(6), 108(25) 

Assembly, freedom of, 106(6). 

Association, freedom of, 106(6). 

Ballot, 108(24). 

Bills, legislative, 109(38,45). 

Bribery, 107(19). 

Budget, 107(19). 

Cabinet : members assist Provisional 
President, 109(44) ; impeachment of, 
109(47) ; see also Provisional Presi- 
dent. 

Chinghai, 106(3), 107(18). 

Chung Hua Min Kuo, 105. 

Citizens and citizenship : rights of citi- 
zens, 106(5) ; duties, 106(13). 

Civil cases, 110(49). 

Civil officials, 108(34). 

Civil rights, 107(15). 

Class distinction, 106(5). 

Commander-in-chief, 108(32) . 

Constitution, may be amended, 110(55). 

Contracts, 107(19). 

Council of State, 105. 

Criminal cases, 110(49). 

Currency, 107(19). 

Decorations, 109(39). 

Department of Justice, 110(48). 

Domicile, 106(6). 

Elections, 107(18). 

Enlistment, 106(14). 

Equality, 106(5). 

Executive power, 108(30). 

Exigency, extraordinary, 107(15). 

Foreign affairs, 109(37). 

High treason, 107(19). 

Impeachment, 107(19), 109(41, 47). 

Infringement of laws, 107(19). 

Inner Mongolia, 106(3), 107(18). 

Insignia of honor, 109(39). 

Interpellations, 107(19). 

Judgments, 106(8). 

Judiciary: judges appointed, 110(48); 
shall try civil and criminal cases, 
110(49) ; trials shall be public, 110 
(50) ; judges shall not be removed, 
110(52). 

Kuo-ming-tang, 105. 

Law bills, 107(19). 

Laws, promulgation of, 108(30). 



634 



INDEX. 



Coinage 



China — Continued. 

Legal suggestions, 107(19). 
Legislative power, see Advisory Council. 
Letters, secrecy of, 106(6). 
Loans, 10i5'(19). 
Meetings, 107(20). 
Migration, 106(6). 
Military affairs, 100(14), 109(34). 
Military ofHcials, 109(34). 
Ministers, 109(34). 
Nanking, 105. 

National Assembly : shall convene after 
promulgation of provisional constitu- 
tion, 110(53) ; constitution shall be 
adopted : provisional constitution may 
be amended, 110(55). 
Navy, 108(32). 
North China, 105. 
Official duties, 107(19). 
Official regulations, 108(33). 
Outer Mongolia, 106(3), 107(18). 
Pardon, 109(40). 
Petitions, 107(19). 

President, 105 ; see Provisional President. 
Property, 106(6). 
Provinces, 107(17). 
Provisional Constitution, 110(55). 
Provisional President : election by Ad- 
visory Council, 108(29) ; represents 
provisional government, 108(30) ; shall 
be commander-in-chief, 108(32) ; ap- 
points civil and military officials, 
109(34) ; impeachment of, 109(40) ; 
Vice-President takes his place, 109 
(42) ; members of Cabinet, 109(43) ; 
see also Cabinet. 
Provisonal Vice-President, 108(29). 
Public meetings, 108(21). 
Public order, 107(15). 
Public welfare, 107(15). 
Race distinction, 106(5). 
Religion, 106(5). 
Rights, civil, 107(15). 
Secret meetings, 108(21). 
Secretaries of State, 109(43). 
Siege, 109(36). 
Soldiers, 106(14). 
South China, 105. 
Sovereignty, 106(1). 
Speech, freedom of, 106(6). 
Sun Yat-sen, 105. 
Supreme Court, 109(41). 
Taxation, 106(13), 107(19). 
Tibet, 106(3), 107(18). 
Trade, 106(6). 
Trea-sury, 107(19). 
Treaties, 109(35). 
Trial, 106(8). 
Tsan Cheng Yuan, 105. 
Veto, 108(23). 

Vice-President, see Provisional Presi- 
dent ; Provisional Vice-President. 
Vote, 106(12). 
War, declaration of, 100(35). 
"Weights and measures, 107(19). 



China— Continued. / 

Yangtse River, 105. 

Yuan Shih-kai, 105. 
China Year Book (cited) : 1916, 105 nl; 
1917 and 1918, 105 n2. 

China's New Constitution and International 

Problems, see Tyau, Min-ch'ien, T. Z. 
Chinghai (China), 106(3) 107(18). 
Chiriqui (Panama), 458(14). 
Christians, 540 nl. 
Christians, non-, 540 nl. 
Christophe, 295. 
Chung Hua Min Kuo, 105. 
Church and State: Cuba, 155(26) ; France, 
203 nl, 205 iiS, 207 nl ; Italy, 349-350 ; 
Russia, 540 nl. 
Church of England, 240(1). 259(3). 
Cinque Ports (England), 241(9), 253(10), 

256(1). 
Citizens and citizenship: Austria, 11(1), 
17(11) ; Belgium, 21-22, 44-46 ; Brazil, 
77-78, 82(86); Bulgaria, 93-94; 
China, 106(5,13): Costa Rica, 118- 
121. 123; Cuba, 152(4), 153(6), 154- 
157; Germany, 219(3), 224(4); 
Greece, 262-265; Guatemala, 280(4- 
11) ; Haiti, 396(3) ; Honduras, 316- 
321 ; Italy, 340-341 ; .Japan, 353-354 ; 
Liberia, 373(13) ; Liechtenstein, 376- 
377 ; Luxemburg, 39.3-395 ; Montene- 
gro, 426-427; Nicaragua, 432(6)- 
433(13), 434(18)-438(64) ; Panama, 
458-463; Persia, 490(8), 491(13), 
492(24); Portugal, 501(76), 503(4), 
513(68-74) ; R o u m a n i a , 518-519, 
522(30), 534(118) ; Russia, 541(27)- 
542(41); Turkey, 591-593; San Ma- 
rino, 549(l)-550(3) ; Serbia, 555(6)- 
558(31) ; United States, 608(2), 
609(3), 613(1), 616(2), 621(1). 
Civil death, 393(18) ; see also Mort civile. 
Civil law, see Judiciary. 

Civil list: Belgium, 53(77), nl; Bulgaria, 
91(35) ; Egypt, 180(20) ; Greece, 267 
(42), nl; Italy, 339(19) ; Luxemburg, 
396(43) ; Montenegro, 411(35) ; Ron- 
mania, 531(94) ; Serbia 562(66). 
Civil marriage: Belgium, 45(16); Brazil, 
79(4) ; Luxemburg, 394(21) ; see also 
Marriage. 
Civil rights: Belgium, 45(13); Brazil, 
80(28) ; Bulgaria, 93(60) ; Cuba, 
154(3) ; Egypt, 178(9) ; Haiti, 296(3- 
7) ; Nicaragua, 433(13). 
Clacasii, 535(133). 

Cleveland's Award, 22 March 1888, 113(5). 
Coaling Stations: Cuba, 174(7), nl. 
Code (Panama), 458(4). 
Coinage: Belgium, 52(74) ; Brazil, 68(7) ; 
China, 107(19) ; Cuba, 161(59) ; Ger- 
many, 220(4) ; Greece, 267(41) ; 
Guatemala, 286(8); Honduras, 
325(31), 329(29); Luxemburg, 
396(39) ; Montenegro, 408(10) ; Nica- 
ragua, 442(17) ; Panama, 466(23) ; 



635 



Coinage 



INDEX. 



States, 



; Haiti, 
Luxem- 



Coinage — Continued. 

Persia, 495(55) ; Portugal, 506(9) ; 
Russia, 539(16) ; Serbia, 560(49) ; 
Turkey, 590(7); United States, 
609(3), 611(8), 613(10). 

Coleccidn Legislativa de la Isla de Cuba 
(cited), 155 nl. 

Colombia, 457 nZ. 

Colon (Panama), 458(4). 

Colonies and possessions: Belgium, 44(1) ; 
Germany, 220(4) ; Honduras, 320(60) ; 
Nicaragua, 447(24); Portugal, 
513(67) ; Roumania, 518(3). 

Colorado (U. S. A.), 621 n2. 

Commerce : Austria, 16-17 ; Austria-Hun- 
gary, 4(2) ; Belgium, 47(31) ; Brazil, 
63(7), 68(5), 69(35) ; Bulgaria, 104 
(161) ; China, 106(6) ; Costa Rica, 130 
(12) ; Cuba, 156(34), 161(59), 162(8), 
174(5) ; Germany, 220(4), 222(8), 
226-228; Haiti, 296(5), 308(95); 
Honduras, 325(24, 30) ; Hungary, 
29(14); Japan, 356 nl; Luxemburg, 
402(99) ; Montenegro, 424-425; Nica- 
ragua, 442(7, 16); 444(79) ; Panama, 
460(22), 468(3), 476(135) ; Portugal, 
506(8) ; Roumauia, 533(108) ; Serbia, 
570(118), 579(170) ; United 
611(8), 612(9). 

Communes : Bulgaria, 88(3) 
309(103), 310(106), 313(B) ; 
burg, 403(107), 404(108) ; Roumania, 
532 (106-107) ; Serbia, 578(160)- 
579(169). 

Complaint, right of, see Petition, right of. 

Compromis (between Austria and Hun- 
gary) of 1867, 11. 

Concessions: Egypt, 183(37); Honduras, 
320(60) ; Panama, 485(24). 

Confiscation : Bulgaria, 95(75) ; Cuba, 
156(33) ; Greece, 265 (18) ; Honduras, 
320(49), 321(69) ; Liechtenstein, 
377(16) ; Nicaragua, 437(46) ; Pan- 
ama, 462(44) ; Serbia, 556(17) ; Tur- 
key, 589, 593 (24). 

Congo Free State, 43, 51 ni. 

Concjresso degli Studi (San Marino), 549. 

Congresso del Legali (San Marino), 549. 

Congresso Economico dl Stato (San Ma- 
rino), 549. 

Congresso Militare (San Marino), 549. 

Connecticut (U. S. A.), 621 m2. 

Conscription: Greece, 270(60); Italy, 
346(75). 

Constables : Great Britain, 242(17). 

Constant, Benjamin, Botelho de Megalhaes, 
85(8). 

Constantinople, 262(2), 590(2). 
Constitutions modernes, Les, see Dareste, F. 
R., et P. Dareste, Les .Constitutions 
modernes. 

Consular affairs: Cuba, 159(4) ; Germany, 
232(56) ; Honduras, 328(15) ; Liberia, 
366(1), 368(5) ; Nicaragua, 446(11). 



Contracts: Cuba, 154(13); Guatemala, 
284(50), 286(6) ; Honduras, 323(86) ; 
326(99), 329(113) ; Nicaragua, 443 
(25), 447(24) ; Panama, 461(30), 465 
(65), 468(10). 
Conventions: Persia, 485(24); see also 

Treaties. 
Copts, 177(3). 
Copyright: Brazil, 80(26) ; United States, 

611(8). 
Coroners: Great Britain, 242(17). 
Corporations: Greece, 264(16); Panama, 

460(18). 
Correspondence, see Letters, secrecy of. 
Correze, Department of (France), 210(2). 
Corse, Department of (France), 210(2). 
Costa Rlea: 111-150, 431(1). 
Accusation, 113(6). 
Agriculture, 130(12). 
Alajuela, 143(116). 

Aldermen, 141(110), 144(117), 149(4). 
Alienation of territory, 130(6). 
Amnesties, 138(12). 
Anderson-Porras Treaty of 17 March 

1910, 113(5). 
Armed forces, 129(77). 
Arrest, 116(30). 
Arts and trades, 130(12). 
Assembly, legislative, 149(4). 
Assembly, right of, 117(36). 
Authority, 113(6). 
Banking, 130(8). 
Bills, 132(80). 
Boundaries, 112(3). 
Budget, 129(77), 140(105), 149(1). 
Canals, 112(3). 
Caiias-Jerez, Treaty of, 15 April 1858, 

113(5). 
Cartago, 143(116). 
Catholic Apostolic Church, Roman, 

113(8). 
Central American Federation, 111. 
Citizens: 118-121; foreigners, 119(2), 
120(49) ; loss of nationality, 119(41) ; 
duties, 120(45) ; eligibility to, 120(46) ; 
suffrage, 121-123. 
Citizenship, 118(39), 119(41). 
Civil cases, 115(20), 116(22). 
Cleveland's Award, 22 March 1888, 

113(5). 
Commander-in-chief, 137(99). 
Commerce, 130(12). 

Congress : sessions to be public, 127(69) ; 
power of, 128(76) ; and the transi- 
tional period, 149(4). 
Constituent Assembly, 112(1), 148(125), 

149(3). 
Constitution : 146—148 ; provision of 
amendment, 146, 142-148(25) ; tran- 
sitory provisions, 149-150. 
Constitution of 1871, 148(126). 
Constitutional oath, 124(59). 
Council of the Cabinet, 146(122). 
Council of Ministers, 118(38), 134(89). 
Counterfeiters, 120(42). 



INDEX. 



Costa Kica 



Costa Rica, — Continued. 
Courts, sec Judioiary. 
Debts, 115(17). 
Defense, 114(15). 
Department of National Statistics, 

124(59). 
Deputies: 122(55), 150(7) ; requirements, 
124(60) ; who can not be elected, 
124(61-62). 
Detention, 118(38). 
Diario Oficial, 126(65). 
Diplomatic affairs, 128(75). 
Dismissal from office, 131(78). 
Domicile, 117(33). 
Education, 113(6-9). 
Election, 121(50). 
Emigration, 117(32). 
Equality before law, 114(13). 
Executive power, 112(4). 
Expropriation, 114(15). 
Expulsion, 117(32). 
Extraterritoriality, 119(41). 
Foreign troops, 129(76). 
Foreigners, 115(16), 119(40), 120(49). 
Governor, 146(123). 
Guanacaste, 143(116). 
Habeas corpus, 117(31). 
Health and hygiene, 130(12). 
Heredia, 143(116). 
Human life, 116(29). 
Hygiene, 130(12). 
Illegitimate children, 119(41). 
Immigration, 117(32), 130(12). 
Imprisonment, 115(17). 
Improvement and recreation, 145(120). 
Incendiarism, 120(42). 
Industry and commerce, 130(12). 
Intendant, 122(55), 144(117), 146(121), 

149(4). 
Internal disturbances, 114(15). 
Interoceanic canals, 112(3). 
Judiciary : 141-143 ; judicial power, 
112(4) ; courts of justice, 113(7), 
115(21), 141(109) ; of appeal, 141 
(108) ; criminal procedure, 116(28) ; 
judges, 150(10) ; justices of the Su- 
preme Court, 124(6) ; vacancies, 143 
(115) ; see also Supreme Court of Jus- 
tice. 
Jurisdiccl6n contencioso - administrativa, 

141(109). 
Legislative power : vested in Congress, 
112(4), 123(59) ; convening of cham- 
bers, 126(67) ; see also Deputies ; Sena- 
tors. 
Lighting system, 145(120). 
Lim6n, 143(116). 
Loans, 130(7), 131(78). 
Loubet's Award, 11 September 1900, 113 

(5). 
Markets, 145(120). 
Marriage, 138(14). 
Mayors, 150(10). 
Memorial honors, 130(10). 
Migration, 117(32). 



Costa Rica — Continued. 

Military affairs : military forces, 114(12), 
122(54); military jurisdiction, 
116(25) ; competence of legislative 
body in, 129(7) ; military degrees, 
130(9), 137(99) ; military operations, 
136(92). 
Ministers: eligibility, 140(105); duties 
140(104-107) ; of State, 124(61) ; of 
Finance, 140(106). 
ifinistro de Oobernacion, 135(91). 
Minors, 138(13). 

Municipalities. 122(55), 143-146. 
Murderers, 120(42). 

Nationality: 118(39); loss of, 120(43). 
National territory, 112(3). 
Naturalization, 119(40). 
Nicaragua, 113(5). 
Normal schools, 113(9). 
Oath of office, 114(11). 
Panama, 113(5). 
Pardon, 138(11). 
Peace, 128(76), 137(99). 
Penalties, 116(24). 
Petition, right of, 117(37). 
Physical constraint, 116(27). 
Pirates, 120(42). 
Plagiarists, 120(42). 
Political combinations, illegal, 112(3). 
Political opinions, 115(19). 
Political propaganda, 115(19). 
Political trials, 112(4). 
Popular elections, 121(52). 
Porras (Anderson-Porras Treaty of 17 

March 1910), 113(5). 
Postal and telegraphic correspondence, 

117(34). 
President : exercises executive power, 
122(55), 134(89) ; requirements, 136 
(93) ; term of office, 136(95), 139 
(101) ; salary, 137(97) ; duties, 137 
(99) ; message, 138(100) ; responsible 
for offenses committed, 139(192). 
Press, 117(34). 
Primary education, 113(9). 
Private actions, 115(17). 
Professions : 115(16) ; professional 

schools, 113(9). 
Professors, 141(110). 
Property right, 114(15). 
Provinces, 129(77), 143(116). 
Public authority, 112(3). 
Public comfort, 145(120). 
Public health, 117(32). 
Public officials, 113(6). 
Public order, 114(15). 
Public revenues, 138(8). 
Public service, 112(3). 
Puntarenas, 143(116). 
Railways, 112(3). 
Rebellion, 116(25). 
Revenues, 130(7), 145(120). 
Roads, 145(120). 
Robbers, 120(42). 



637 



Costa Eica 



INDEX. 



Costa Rica — Continued. 

Roman Catholic Apostolic Church, 
113(8). 

San Jos4, 143(116). 

Science, 130(12). 

Secondary education, 113(9). 

Secret negotiations, 128(75). 

Secretary of State, 122(55). 

Sedition, 116(25), 118(37). 

Senate : attributions, 131—134. 

Senators, 122(55), 124(60-62), 150(6) ; 
vacancies, 150(7). 

Sewers, 145(120). 

Slavery, 114(13), 120(42). 

Solicitor, 141(110). 

Sovereign, 113(6). 

Sovereignty, 112(2). 

Squares, 145(120). 

Streets, 145(120). 

Subalternate officials, 145(120). 

Succession, 149(2). 

Suffrage, 121-123. 

Suplantacidn, 140(103). 

Supreme Board of Health, 145(120). 

Supreme Court of Justice, 122(55), 
131(79), 141(108). 

Syndics, 122(55), 144(117), 149(4). 

Taxes, 145(120). 

Territory, 113(5), 143(116) ; alienation 
of, 130(6). 

Trades, 112(3). 

Tramwaj^s, 112(3). 

Treason, 112(3), 120(48). 

Treasury, 130(11). 

Treaties, 112(3), 128(76). 

Tribunals, 141(109). 

Universities, 113(9). 

Venal employment, 113(6). 

Veto, 146(121). 

Vice-intendants, 122(55). 

Vice-President, 122(55), 149(2). 

Violence, 115(20). 

Voting, 121(50). 

War: 114(15), 137(99); declaration of, 
128(76). 

Wardens, 117(30). 

Warrant, 117(30). 

Water system, 145(120). 

Watermains, 145(120). 

Weights and measures, 130(8). 

White's Award of 12 September 1914, 
113(5). 

Working classes, 114(10). 
Cote-d'Or, Department of (France), 210 

(2). 
CCtes-du-Nord, Department of (France), 

210(2). 
Courts, see Judiciary. 
Courts martial, see Military affairs. 
Cracow (Austria-Hungary), 6(8), 14(1), 

15(6). 
CraKova (Roumania), 525(62). 
Creuse, Department of (France), 210(2). 
Crimean War, 517. 
Criminal law, see Judiciary. 



Croatia (Austria-Hungary), 26 ni, 29 nS. 
Cuba: 151-174. 

Africans, 153(6). 

Amnesty, 162(10). 

Army, 162(11), 165(17). 

Arrests, 154(16, 20). 

Arts, 156(31). 

Assembly, right of, 155(28). 

Authors, 156(35). 

Bahia Honda (Cuba) : Coaling Station, 
174 nl. 

Banishment, 156(30), 157(4). 

Canals, 161(59). 

Chamber of Representatives : composi- 
tion, 159(48) ; requirements, 159 (49) ; 
election, 159(48); see also Senate; 
Congress. 

Church and State, 155(26).. 

Citizens: 152(4)-153(6) ; loss of nation- 
ality, 153(7) ; duties, 153(9) ; rights, 
154-156; suffrage, 156-157. 

Civil rights, 154(3). 

Coaling stations, 174(7), nl. 

Coinage, 161(59). 

Commerce, 161(59), 174(5). 

Congress : Provisions common to both 
houses, 159(51) ; Salaries, 159 (52) ; 
Sessions, 160(54) ; rules and regula- 
tions, 160(56); powers, 160-162; see 
also Chamber of Representatives ; 
Senate. 

Confiscation, 156(33). 

Constitution : suspension of guarantees, 
157(40-42) ; amendments, 172(115) ; 
transitory provisions, 172, 173. Appen- 
dix of 12 June 1901, 173-174. 

Constitutional Convention, 172(115). 

Consular agents, 159(4). 

Contracts, 154(13). 

Correspondence, 155(22). 

Councilors, 168(92). 

Death penalty, 154(14). 

Debts, 172(1), 173(2). 

Decrees, 154(4). 

Diplomatic affairs, 164(7). 

Diplomatic representatives, 159(4), 
165(16). 

Domicile, 155(23-24). 

Education, 156(31). 

Elections, 161(59). 

Electoral college, 158(45). 

Epidemic diseases, 174(5). 

Equality before law, 145(11). 

Executive power vested in President, 
163(64). 

Finance : budget, 161(59), 168(93), 
170(105) ; public expenses, 154(6) ; 
revenues, 161(59). 

Foreign commerce, 161(59). 

Foreigners, 152(5), 153(6), 153(10), 
172(3). 

Form of government, 152(1—3). 

Governors: 168(92); powers, 169(99), 
responsibilities, 169(100); salary, 
170(101) ; vacancies, 170(102) ; sus- 



638 



INDEX. 



Bareste 



Cuba — Continued. 

Governors — Continued. 

pension, 164(13) ; see also Trovincial 
government. 

Guantftnamo, coaling station, 174 nl. 

Harbors, 161(59). 

Immigration, 156(29). 

Impeachment, 158(47), 168(93). 

Impost, 150(34), 162(8). 

Imprisonment, 154(18). 

Infectious diseases, 174(5). 

Invasion, 165(17). 

Inventors, 156(35). 

Isle of Pines, 174(6). 

Jimaguaya Constitution, 172(1). 

Judiciary: courts, 154(6); crimes and 
criminal procedure, 154(14—15, 19) ; 
penalties, 154(14, 15, 19) ; testimony, 
155(21) ; associate justices, 164(9) ; 
chief justice, 158(47), 164(9) ; supreme 
court, 166-167 ; administration of jus- 
tice, 167(81-90). 

Laws : initiative vested in Congress, 
162(61) ; preparation and promulgation 
of laws, 162(62), 163(63) ; see also 
Legislation. 

Legislation: 154(4), 154(12), 158(44); 
see also Senate ; Chamber of Repre- 
sentatives ; Congress ; Laws. 

Letters, secrecy of, 155(22). 

Loans, 161(59), 168(93), 170(105). 

Mayors: powers. 170(104), 171(110), re- 
sponsibility, 171(111) ; vacancies, 
171(113)." 

Migration, 155(29). 

Military affairs: 162(11), 165(17), 
167(90), 173(1), 174(4). 

Municipal government : general provision, 
170(103-104) ; municipal councils, 
170(105)-171(109) ; elections, 
161(59) ; see also Mayors. 

National territory, 165(17). 

Nationality, 152(4), 172(2). 

Naturalization, 162(9). 

Naval affairs, 162(11), 165(17), 174(7). 

Oath of office, 163(67). 

Pardon, 165(15). 

Passports, 155(29). 

Petition, 155(27). 

Philippines, 151. 

Political crimes, 154(14). 

Population, 172(4). 

Porto Rico, 151. 

President : 157(42), qualifications, 
163(65) ; election, 160(58), 163(66) ; 
powers and duties, 163(68)-165(20) ; 
salary, 165(71) ; see also Vice-Presi- 
dent. 

Property, 156(32), 171(114). 

Provinces, 152(3), 168(91). 

Provincial councils, 168-169. 

Provincial government : general pro- 
visions, 168(91-92) ; provincial coun- 
cils, 168(93-95), 169(96-98) ; see also 
Governors. 



Cuba — Continued. 

Public officers, 164(10). 

Public order, 157(41). 

Public peace, 155(25). 

Public safety, 165(17). 

Railroads, 161(59). 

Rebellion, 165(17). 

Regulations, 154(4). 

Religious liberty. 155(26). 

Residence, 155(24). 

Eoad.s, 161(59). 

Safe conduct, 155(29). 

Safety of State, 157(41). 

Sanitation, 174(5). 

Secretary of State, functions, 165-166. 

Senate: composition, 158(45); election, 

158(45-46) ; requirements, 158(46) ; 

powers, 158(47) ; see also Chamber of 

Representatives ; Congress. 
Slaves, 152(6). 
Social order, 155(25). 
Sovereignty, 152(1), 156(36), 157(43). 
Spain, 151. 
Spaniards, 153(6). 
Spanish-American War, 151. 
Speech, freedom of, 155(25). 
Suffrage, 156(38). 
Taxes, 156(34), 162(8). 
Territory, 152(3), 157(41), 163(17). 
Trades, 156(31). 
Travel, 155(29). 
Treaties, 159(6), 162(12), 164(7), 

168(93), 173(1). 
Treaty of Paris, 10 Dec. 1898, 151, 

152(2), 173(3). 
Treaty of 28 June 1833, 153(6). 
United States military forces, 151. 
Vice-President: 160(58); election, 

165(72) ; duties, 165(73-74) ; salary, 

165(75) ; see also President. 
War, 162(12). 

Wars of independence, 163(65). 
Weights and Measures, 161(59). 
Cilia (Pan-American Union Bulletin), see 

Quesada, Gonzalo de. 
Cumania (Austria-Hungary), 35(4). 
Currier, C. F. A., Supplement to the Annals 

of the American Academy of Political 

and Social Sciences, March, 1893 (cited), 

193 nl. 
Customs, see Commerce. 
Cyprus, 337. 

Dakalieh (Egypt), 177(3). 

Dalmatia (Austria-Hungary), 6(8), 14(1), 
15(6), 26 nJi, 29 nS. 

Damietta (Egypt), 177(3). 

Danilo, Prince of Montenegro, 429(3). 

Danube, principalities of (Roumania), 517. 

Dareste, F. R., et P. Dareste, Les Cotistitu- 
tions modernes, iii, iv ; (cited), 3 n2, 4 
nl, nZ, 9 nS, 11 nl, »i,i, 25 nl, 26 nlS, 
28 n2, 30 n^, nS, 34 nl, 43 nt, n8, 44 nl, 
46 nl, 61 n2, nS, 88 n2, 111 n7, 
151 »i6, 175 n2, nk, 192 nJ,, 193 nl, 218 



639 



Dareste 



INDEX. 



Dareste, F. R. — Continued. 

nS, n6, 240 nl, n2, 261 n6, nff, 279 nS, 
295 nS, 315 n4, 337 n2, nS, 347 nl, 351 
nl, n2, 359 nl, 375 n2, 391 we, 392 nl, 
407 ti-2, 431 ni, 457 J)5, 482 ni, 499 nl, 
n2, 517 W-Z, 11&, 532 w2, 536 m2, 537 n3, 
M, 544 wgj 549 nl, 554 w2j m3, 590 nl, 
n2, 608 wi. 

Dareste, P., see Dareste, F. R., et P. Dareste, 
Les Constitutions modernes. 

Death penalty: Brazil, 80(21) ; Cuba, 154 
(14) ; Greece, 265(18) ; Great Britain, 
247(7) ; Haiti, 297(15) ; Honduras, 
818(27) ; Luxemburg, 393(18) ; Nica- 
ragua, 434(24), 448(39) ; Panama, 
477(1) ; Portugal, 501(22) ; Rou- 
mania, 520(18) ; Serbia, 556(13). 

Debts: Costa Rica, 115(17) ; Cuba, 172(1), 
173(2) ; Honduras, 317(21), 323(86), 
330(113); Nicaragua, 437(47), 
449(115) ; United States, 613(10). 

Decorations : Greece, 267 (40) ; Italy, 
346(80) ; Japan, 353(15) ; Nicaragua, 
441(85-86) ; Persia, 494(47) ; Portu- 
gal, 500(3) ; Russia, 539(19). 

Defense: United States, 611(8). 

Degrees, academic and literary : Honduras, 
325(91) ; Nicaragua, 443(86). 

Delaware (U. S. A.), 608(2), 621 n2. 

Delpech, J., see Moreau, F., et J. Delpech, 
Les Rdylements des Assemtlies I6gis- 
latives. 

Desemhargadores, 85(6). 

Designcudos: Guatemala, 285(4), 288(69), 
293(6) ; Nicaragua, 455(106) ; Pan- 
ama, 466(67), 470(80). 

Dessalines (General), 295. 

Deux-SSvres, Department of (France), 210 
(2). 

Diario de Sesiones de la Convention Con- 
stituyente de la Isla de Cuha (cited), 
155 nl, 161 nl. 

Diario Official (Brazil) (cited), 61 n3. 

Diario Oflcial (Costa Rica), 126(65). 

Diplomatic affairs: Brazil, 65(23), 73(48) ; 
Costa Rica, 128(75) ; Cuba, 159(4), 
164(7), 165(16); Greece, 277(102); 
Honduras, 317(15), 328(14) ; Nicara- 
gua, 433(15), 446(11) ; Panama, 468 
(3) ; see also Ambassadors. 

District of Columbia (U. S. A.), 611(8). 

Districto Federal (Brazil), 66 n3. 

Dodd, W. F., Modern Constitutions, iii, iv ; 
(cited), 3 n2, 4 nl, 9 nS, 11 nl, n2, 26 
nZ, 28 n2, 44 nl, 61 n2, n3, 192 nl,, 193 
nl, 218 n5, n6, 337 nS, 347 nl, 351 nl, 
n2, 354 n2, 537 «^, nJ,, 607 n2. 

Dolj (Roumania), 525(62). 

Domagnano (Parish, San Marino), 550(9). 

Domicile, right and inviolability of : Aus- 
tria, 12(6, 9), 17(11) ; Belgium, 45 
(10) ; Brazil, 79(11) ; Bulgaria, 95 
(74) ; China, 106(6) ; Costa Rica, 17 
(33) ; Cuba, 155(23-24) ; Germany, 
220(4) ; Greece, 264(12) ; Guatemala, 



Domicile — Continued. 

283(38) ; Haiti, 297(11) ; Honduras, 
319(44) ; Italy, 340(27) ; Japan, 353 
(22, 25) ; Liberia, 361(9) ; Liechten- 
stein, 376(12) ; Luxemburg, 393(15) ; 
Montenegro, 426(204) ; Nicaragua, 
433(10), 436(38) ; Panama, 460(23) ; 
Portugal, 501(15) ; Russia, 541(33) ; 
SerWa, 556(15) ; Turkey, 592(22). 

Dominican Republic, 295. 

Dordogne, Department of (France), 210(2). 

Doubs, Department of (France), 210(2). 

Drains: Egypt, 179(18), 184(38). 

Drave (River), 26 nk. 

Drome, Department of (France), 210(2). 

Dual Monarchy (Austria-Hungary) : forma- 
tion, 3 ; organization and Constitution, 
4-10 ; see Austria-Hungary, 

Duties, see Commerce. 

Durazzo (Albania), 1. 



East Flanders (Belgium), 44(1). 

Eastern Orthodox Church : Bulgaria, 91 
(37), 95(80) ; Greece, 262(1) ; Monte- 
negro, 411(40), 421(129-137) ; Rou- 
mania, 520(21) ; Russia, 540 nl; Ser- 
bia, 554(3). 

Eastern Rumelia (Hungary), 87. 

Education: Austria, 17(11); Belgium, 45 

(17) ; Brazil, 69(30, 35), 79(6) ; Bul- 
garia, 95(78, 80) ; Costa Rica, 113 
(6-9) ; Cuba, 156(31) ; Egypt, 182 
(35), 183(36-37, 41-42) ; Greece, 264 
(16) ; Guatemala, 282(27) ; Haiti, 297 

(18) ; Honduras, 320(57), 329(24) ; 
Italy, 342(19) ; Japan, 356 nl; Liech- 
tenstein, 381(51-54) ; Luxemburg, 394 
(23) ; Montenegro, 421 (138)-422 (140) ; 
Nicaragua, 432(6), 443(87), 447(18) ; 
Panama, 461(34), 465(13), 468(14), 
476(133) ; Persia, 491(19) ; Portugal, 
500(10) ; Roumania, 521(23), 525(61) ; 
Serbia, 557(21), 583(192) ; Turkey, 
592(15), 604(114), 605(119). 

Edward I, Charter of, 1297 (England), 

240 n2. 
Ksypt: 175-190. 

Agriculture, 183(36), 186(42). 

Alexandria, 177(3). 

Arab Bedouins, 177(3). 

Assiut, 177(3). 

Assuan, 177(3). 

Bandars, 183(37), 184(2). 

Bedouins, 177(3). 

Behera, 177(3). 

Beni-Souef, 177(3). 

Birket, 186(41). 

Boundaries, 183(37). 

Budget, 180(22, 23), 182(35). 

Business men, 177(3). 

Cairo. 177(3). 

Canals, 179(18), 184(38). 

Cemeteries, public, 183(37). 

Civil list, 180(20). 



640 



INDEX. 



Engineers 



EK-yi»t — Continued. 

Civil riglits, 178(9). 

Committee of the Provincial Council, 
185(40). 

Communication, 183 (3G). 

Concessions, 183(37). 

<?onstitutlon, amendments, 190(54). 

Council of Ministers, 176(2), 178(8), 
182(32). 

Copts, 177(3). 

Dakalieh, 177(3). 

Damietta, 177(3). 

Decree of 29 Sept. 1883, 190(54). 

Drains, 179(18), 184(38). 

Education, 182(35), 183(36-37), 186(41- 
42). 

Electoral law, 176(2). 

Engineers, 177(3). 

Esbehs, 185(40). 

Fairs, 184(38). 

Fayoum, 177(3). 

Finance: Minister of, 180(22), 183(35) ; 
Department of, 181(24). 

Foreisn Powers, 180(20). 

General Assembly, 175. 

Ohaffirs, 184(40). 

Gharbieh, 177(3). 

Gifts, 187(42). 

Girgeh, 177(3). 

Gizeh, 177(3). 

Handicraft, 186(42). 

Health, public, 183(36), 185(39). 

Hospitals, 183(37). 

Internal affairs, 178(9). 

International agreements, 180(20). 

Irrigation, 183(36). 

Ismailia, 177(3). 

Judiciary, 183(37), 189(51). 

Judicial circumscription, 183(37). 

Justice, Minister of, 189(51). 

Kalioubieh, 177(3). 

Kena, 177(3). 

Khedive, 175, 188(47). 

Laws: No. 2 of 1911, 190(54) ; No. 7 of 
1912, 190(54) ; Nos. 3, 18 and 22 of 
1909, 190(54) ; Organic Law of 1 May 
1883, 190(54). 

Legislative Assembly : 176-187 ; composi- 
tion, 176-178; ministers, 176(2); as- 
signments by district, 177(3) ; assign- 
ments by classes of population, 177(3) ; 
oath of members, 177(5) ; vacancy, 
178(7) ; powers and attributions, 178- 
181 ; procedure, 181-182 ; sessions, 
181(30) ; renewal, 189(52) ; see also 
Provincial Council. 

Legislative Council, 175. 

Loans, 179(18). 

Local commissions, 183(37). 

Local regulations, 184(2). 

Markas, 187(44). 

Markets, 184(38). 

Medical men, 177(3). 

Menoufieh, 177(3). 

Minieh, 177(3). 



Egypt — Continued. 

Ministers: 176(2), 181(27-29); of Fi- 
nance, 180(22), 183(35) ; of Public 
Works, 184(2) ; of the Interior, 
185(40), 189(49). 

Moodir, 183(35), 184(2), 189(49). 

Moodirieh, 176(2), 182(35), 183(37). 

Municipal representatives, 177(3). 

Native Court of Appeal, 189(51). 

Nile, 186(41). 

Oath of fidelity, 177(3). 

Observations, 180(22). 

Official Journal, 190(55). 

Organic and electoral laws, 175. 

Organic Law of 1 May 1883, 190(54). 

Ottoman Empire, 175. 

Petition, right of, 181(25). 

Political rights, 178(9). 

Port Said, 177(3). 

President, 176(2). 

Promulgation of laws, 178(9). 

Provincial Councils: 175, 176(2), 182- 
189; attributions, 182(35)-187(43) ; 
composition and procedure, 187(44) — 
189(50) ; see also Legislative Assem- 
bly. 

Public debt, 180(20). 

Public security, 183(36). 

Public servants, 180(20), 183(37). 

Railways, 179(18), 183(37) 

Religious representatives, 177(3). 

Sharkieh, 177(3). 

State property, 183(37). 

Suez, 177(3). 

Taxes, 179(17). 

Tribute, 180(20). 

Vacancies, 177(3), 188(46). 

Vice-President, 176(2). 

Villages, 183(37). 

Wages, 185(40). 
Elections: Bulgaria, 101(136); China, 
107(18) ; Costa Rica, 121(50) ; Cuba, 
158(45), 161(59) ; France, 194(5), 
198(1), 200(11) ; Germany, 224(20), 
225(24, 27) ; Haiti, 312(124) ; Liberia, 
361(11) ; Nicaragua, 438(69) ; Pan- 
ama, 465(9), 480(15); Persia. 481; 
Portugal, 505(22), 514(83) ; Russia, 
544 nl; San Marino, 549 n2, 550(8-10), 
552(44) ; Serbia, 578(160), 579(169) ; 
Turkey, 598(66), 599(72) ; United 
States, 609(4), 610(5), 613(1). 
Emancipation: United States, 621(1). 
Emigration: Austria, 12(4) ; Brazil, 79(10) ; 
Costa Rica, 117(32) ; Germany, 220(4) ; 
Honduras, 320(60). 
Emilia (Italy), 337 nl. 

Emperor : Germany, 223, 224, 230, 231, 232, 
235; Japan, 351-353; Russia, 538(4)- 
541(26). 
Employees, public, see Public officials and 

employees. 
Encyclopedia Americana (cited), 1 nS. 
Engineers: Egypt, 177(3); Roumania, 
527(69) ; Serbia, 567(98). 



641 



English 



INDEX. 



English church, 240(1), 259(3). 

Entails, see Estates. 

Envoys, see Ambassadors. 

Epidemic diseases, see Health, public. 

Erbverein, Nassaiiischer, 392 ni. 

Espirito Santo (Brazil), 66 n3. 

Essad Pasha, 1. 

Estates, entailments of : Guatemala, 
281(21) ; Honduras, 321(62) ; Liberia, 
373(11) ; Nicaragua, 437(49) ; Panama, 
462(39). 

Eure, Department of (France), 210(2). 

Eure-et-Loir, Department of (France), 
210(2). 

European War, 1. 

Evangelical Church (Belgium), 57 nJf. 

Excises: United States, 611(8), 613(10). 

Executive power : Austria, 23—24 ; Austria- 
Hungary, 5(5), 9(36); Belgium, 
46(29) ; Brazil, 64(15), 70(41) ; Bul- 
garia, 89(12) ; China, 108(30) ; Cuba, 
163(64) ; Greece, 265(27) ; Honduras, 
326-329 ; Hungary, 27 ; Liberia, 366(1), 
367(2), 368(4-6) ; Liechtenstein, 375 
(2), 378-379; Luxemburg, 392(4)-393 
(8), 395-396, 400(76-77) ; Nicaragua, 
445-449; Panama, 466-470, 476(140), 
478(4, 7), 479(9, 12) ; Persia, 492(27) ; 
Portugal, 508(36-37) ; Roumania, 
523(35); Eussia, 538(4)-541(26) ; 
Serbia, 559(38) ; United States, 613(1). 

Exequatur, 290(15), 350 nl. 

Exile: Persia, 491(14) ; see also Banish- 
ment. 

Exports, see Commerce. 

Expropriation: Bulgaria, 94(68); Costa 
Rica, 114(15) ; Guatemala, 282(28) ; 
Honduras, 321(67) ; Panama, 461(33). 

Extradition: Brazil, 69(32), 77(66) ; Hon- 
duras, 317(16), 331(127) ; Monte- 
negro, 427(217) ; Nicaragua, 433(16) ; 
Roumania. 522(30) ; Serbia, 558(31). 

Extraterritoriality: Costa Rica, 119(41). 

Ezhelis, 185(40). 

Faetano (Parish. San Marino), 550(9). 

Fairs: Egypt, 184(38). 

FamUienstatut, 391. 

Fayoum (Egypt), 177(3). 

Felony: United States, 610(6), 611(8). 

Ferdinand I (Austria), 25. 

Ferdinand I (Bulgaria), 90(24). 

Finance: Austria, 16(17); Austria-Hun- 
gary, 4(1); Belgium, 46(27), 55-57; 
Bulgaria, 98(105), 99(119), 104(161) ; 
Cuba, 154(6), 161(59), 168(93), 
170(105); Egypt, 180-183; Germany, 
227(38), 2.30(49), 233(62), 236(71- 
73), 236(69) ; Greece, 276(98), 
277(103) ; Haiti, 310(109)-311(117) ; 
Honduras, 325, 328, 332-335 ; Hun- 
gary, 29(14), 31(6); Italy, 341(31), 
347(4); Japan, 357-358; Liechten- 
stein, 380(40, 43), 381(46-47) ; Lux- 
emburg, 402-403 ; Montenegro, 



Finance — Continued. 

423(155-162) ; Nicaragua, 437(55),. 
442(10), 446(12), 447 (24), 451-452; 
Panama, 460(26), 462(43), 465(6), 
467(5), 468(8, 9), 473-474, 476(135) ; 
Persia, 484(18), 485(20, 25), 496 
(71), 497-498; Portugal, 506(3-5), 
511(54) ; Roumania, 533(113, 116), 
535(130) ; Russia, 546(72-76) ; Ser- 
bia, 579(170)-580(178) ; Turkey, 598 
(64), 602(96)-603(107) ; United 
States, 611(8), 612(9); see also 
Loans. 

Finistere, Department of (France), 210(2). 

Finland, 537, 538 nl. 

Finnish affairs, 538 nl. 

Fiorentino (Parish, San Marino), 550(9). 

Firman, Shah's (Persia), 481 nl. 

Fiume, 39(4). 

Flanders (Belgium), 44(1). 

Florida (U. S. A.), 621 n2. 

Focshani (Roumania), 525(62). 

Force majeure, 386 nl. 

Foreign affairs : Austria-Hungary, 4 nS;^ 
Brazil, 73(48) ; Bulgaria, 89(17), 
104(161) ; China, 109(37) ; Egypt, 
180(20) ; Germany, 223(8), 224(3) ; 
Honduras, 316, 317, 328(15), 
330(114) ; Japan, 356 nl; Nicaragua, 
433(10), 446(11) ; Russia, 539(12) ; 
Serbia, 560(52). 

Foreign Constitutions [The Convention Man- 
ual of the Sixth New York State Con- 
stitutional Convention, 18941 (cited), 
44 nl, 61 nl, 61 n3, 193 nl, 218 n6. 

Foreign military and naval forces : Costa 
Rica, 129(76) ; Greece, 276(99) ; Nica- 
ragua, 442(20) ; Panama, 467(11) ; 
Roumania, 534(122) ; Serbia, 584(199). 

Foreign Relations of the United States, 
Papers Relating to, 359 nS, 457 nl, n2, 
nJf. 

Foreigners: Austria, 12(3), 17(11); Bel-' 
gium, 58 (128), 59(133) ; Brazil, 
76(61) ; Bulgaria, 93(.55), 93(64), 
94(66) ; Costa Rica, 115(16), 119(40), 
120(49) ; Cuba, 152(5), 153(6, 10), 
172(3) ; Germany, 220(4) ; Guatemala, 
281(13), 282(23) ; Haiti, 296(4) ; 
Luxemburg, 404(111) ; Montenegro, 
427(216) ; Nicaragua, 432(3), 433(3, 
4, 10), 433(12)^34(17) ; Panama, 
458(3), 459(9) ; Persia, 490(6) ; Por- 
tugal, 500(3) ; Russia, 540 nl, 542(40) ; 
Serbia, 558(30), 581(182) ; Turkey, 
599(10) ; United States, 619(11). 

Forfeiture: United States, 616(3). 

Forgery: Portugal, 501(16). 

France: 191-215, 587. 

Ain, Department of, 210(2). 
Aisne, Department of, 210(2). 
Algeria, 200(11), 202(20) nZ, 208 m2. 
Allier, Department of, 210(2). 
Alpes-Maritimes, Department of, 210(2). 
Ambassadors, 193(3). 



642 



INDEX. 



France 



France — Continued. 

Amnesty, 193(3). 

ArdSche, Department of, 210(2). 

Ardciine.*!, 200(12), 210(2). 

Ari&ge, Department of, 210(2). 

Armed forces, 193(3). 

Aube, Department of, 210(2). 

Aude, Department of, 210(2). 

Aveyron, Department of, 210(2). 

Bank of France, 202 n3, 205 n2. 

Basses-Alpes, Department of, 210(2). 

Basses-Pyrenees, Department of, 210(2). 

Belfort, 214(3). 

Bonaparte, Louis Napoleon, 191(4). 

Bonaparte, Napoleon, 191(4). 

Bouches-du-Rhone. Department of, 210 
(2). 

Bourbon Charter of 1814, 191(5). 

Calvados, Department of, 210(2). 

Cantal, Department of, 210(2). 

Cassation, Court of, 202 /i2. 

Chamber of Deputies; 193(1), 194(5), 
197(10) ; sessions, 195(1) ; election, 
203(l)-208(23) ; amendments to elec- 
toral law, 213(4)-214(7), 214(1-4), 
215(1). 

Chambers, dissolution of, 194(5). 

Chambord, Comte de, 192(11). 

Charente, Department of, 210(2). 

Charente-Inferieure, Department of, 
210(2). 

Charleville, 200(12). 

Charter, Bourbon, of 1814, 191(5), 
195 n3. 

Cher, Department of 210(2). 

Church and State, .separation of, 203 nJ, 
205 n.3, 207 nl. 

Civil positions, 193(3). 

Constitution: of 3 Sept. 1791, " 191(1) ; 
of 22 Aug. 1795, 191(3) ; of 13 Dec. 
1799, 191(4) ; of 14 Aug. 1830, 191 
(7) ; of 14 Jan. 1852, 192(9) ; see also 
Constitutional Law. 

Constitutional Charter of 4 .Tune 1814, 
191(6). 

Constitutional Law : of 24 Feb. 1875, 
195, 198(3), 213(9) : of 25 Feb. 1875. 
193-194, 196(5), 198(1, 2) ; of 16 
July 1875, 195-197, 198(4) ; see 
also Bourbon Charter ; Constitution ; 
Coup d'etat ; Imperial Constitution ; 
Law ; Organic Law ; Republican Con- 
stitution. 

Consul, First, 191(4). 

Corrfeze, Department of. 210(2). 

Corse, Department of, 210(2). 

Cote-d'Or, Department of, 210(2). 

C6tes-du-Nord, Department of, 210(2). 

Council of Ancients, 191(3). 

Council of Five Hundred, 191(3). 
Council of Ministers, 193(4), 197(12). 

Councilors of State, 193(4), 202(20). 

Councils, 199(2). 



France — Continued. 

Coup d'etat of 9 Nov. 1799. 191(4); 
see alxo Constitutional Law. 

Court of justicp, 195(9). 

Creuse, Department of, 210(2). 

Departments (political), 210(2). 

Deux-S6vres, Department of, 210(2). 

Diplomatic affairs, 193(3). 

Directory, 191(4). 

Dissolution of chambers. 194(5). 

Dordogne, Department of, 210(2). 

Doubs, Department of, 210(2). 

DrOme, Department of, 210(2). 

Elections: 198(1) ; in Algeria, 200(11) ; 
electoral college, 194(5). 

Envoys, 193(3). 

Eure, Department of, 210(2). 

Eure-et-Loir, Department of, 210(2). 

Finistfere, Department of, 210(2). 

First Consul, 191(4). 

French Indies, 210(2). 211(4). 

Gard, Department of, 210(2). 

Gers, Department of, 210(2). 

Gironde, Department of, 210(2). 

Guadeloupe, 210(2). 

Haute-Garonne, Department of. 210(2). 

Haute-Loire, Department of. 210(2). 

Haute-Marne, Department of, 210(2). 

Haute-Saone, Department of, 210(2). 

Haute-Savoie, Department of, 210(2). 

Haute-Vienne, Department of, 210(2). 

Hautes-Alpes, Department of, 210(2). 

Hautes-Pyrenees. Department of, 210(2). 

H4rault, Department of, 210(2). 

Hereditary peerage, 191(7). 

High treason, 194(6). 

Ille-et-Vilaine, Department of, 210(2). 

Impeachment, 197(12). 

Imperial Constitution. 1870. 192(10). 

Imperial Constitution. 191(5) ; additional 
act of 22 April 1815, 191(5). 

Indies. French. 210(2). 211(4). 

Indre, Department of, 210(2). 

Indre-et-Loire, Department of, 210(2). 

Isfere, Department of, 210(2). 

July revolution of 1830, 191(7). 

Jura, Department of, 210(2). 

Karikal, 211(6). 

Landes, Department of. 210(2). 

Law: of 2 Aug. 1875, 213(9); of 21 
June 1879, 198(1) ; of 22 July 1879, 
208-209: of 14 Aug. 1884, 198(1): 
of 9 Dec. 1884, 210-213; of 16 June 
1885, 213-214 ; of 26 Dec. 1887, 214 ; 
of 13 Feb. 1889, 214; of 17 July 
1889, 215 ; see also Constitutional 
Law. 

Legislative power, 208(1) -209 (9) ; see 
also Chamber of Deputies ; Senate ; 
President. 

Loir-et-Cher, Department of, 210(2). 
Loire, Department of, 210(2). 
Loire-Inferieure, Department of, 210(2). 



643 



France 



IISTDEX. 



France — Continued. 

Loii-et, Department of, 210(2). 
Lot, Department of, 210(2). 
Lot-et-Garonne, Department of, 210(2). 
Louis XVIII, 191(6). 
Louis Napoleon Bonaparte, 192(9). 
Loz6re, Department of, 210(2). 
MaeMahon, 192(11). 194 ti5. 
Maine-et-Loire, Department of, 210(2). 
Maitre des requetes, 202(20). 
Manche, Department of, 210(2). 
Marne, Department of, 210(2). 
Martinique, 210(2). 
Mayenne, Department of, 210(2). 
Meurthe - et - Moselle, Department of, 

210(2). 
Meuse, Department of, 210(2). 
Military affairs. 193(3). 
Ministers, 193(3), 196(6), 197(12). 
Morbilian, Department of, 210(2). 
Napoleon I, 191(4). 
Napoleon, Louis, Bonaparte, 192(9). 
National Assembly, 192(11), 193(2), 

196(3), 197(11), 209(3). 
Nifevre, Department of, 210(2). 
Nobility, 191(7). 
Nord, Department of, 210(2). 
Oise, Department of, 210(2). 
Organic Law : of 2 Aug. 1875, 198-203, 

212-213(8) ; of 30 Nov. 1875, 203- 

208 ; see also Constitutional Law. 
Organic laws of 1831, 191(7). 
Orne, Department of, 210(2). 
Palace of the Luxemburg, 209(2), 
Palais-Bourbon, 209(1), 
Pardon, 193(8). 

Pas-de-Calais, Department of, 210(2). 
Plebiscite of 21 and 22 Nov. 1852, 192(9). 
Policy of government, 194(6). 
Pondichery, 211(6). 
President: election 193(2) ; prerogatives, 

193(2)-194(8) ; message, 196(6) ; 

treaties, 196(8) ; impeachment, 197 

(12). 
Public powers, 195(1) ; see also Cham- 
ber of Deputies ; President ; Senate. 
Puy-de-D6me, Department of, 210(2). 
Pyr^n^es-Orientales, Department of, 210 

(2). 
Religion : separation of Church and State, 

203 nl, 205 nS, 207 nl. 
Republican Constitution : of 24 June 

1793, 191(2) ; of 4 Nov. 1848, 192 

(8). 
Republican form of government, 198(2). 
Reunion, 210(2). 
Rh6ne, Department of, 210(2). 
Saone-et-Loire, Department of, 210(2). 
Sarthe, Department of, 210(2). 
Savoie, Department of, 210(2). 
Sedan, 192(11). 
Seine, Department of, 210(2). 
Seine-et-Marne, Department of, 210(2). 
Seine-et-Oise, Department of, 210(2). 
Seine-Inferieure, Department of, 210(2). 



France — Continued. 

Senate: 193(1), 195(8-11), 197(10, 12) ; 
sessions, 195(1) ; election, 198(l)-203 
(27) ; amendment to Organic Laws, 
210(1)-213 (9) ; parliamentary incom- 
patibilities, 214. 
Senatus-consultum : 2 and 4 Aug. 1802, 
191(5) ; 7 Nov. 1852, and 8 Sept. 
1869, 192(9) ; 21 May 1870, 192(10). 
Somme, Department of, 210(2). 
State functions, 193(3). 
Suffrage: extension, 191(7); universal, 

193(1). 
Tarn, Department of, 210(2). 
Tarn-et-Garonne, Department of, 210(2). 
Thiers, 192(11). 
Treason, 194(6). 
Treaties, 196(8). 
Var, Department of, 210(2). 
Vaucluse, Department of, 210(2). 
Vendue, Department of, 210(2). 
Versailles, 194 n7, 198 n2, 209(3). 
Vienne, Department of, 210(2). 
Vosges, Department of, 210(2). 
War, declaration of, 197(9). 
WMerloo, 191(5). 
Yonne, Department of, 210(2). 
Free ports: Germany, 226(34). 
Freedom of person, see Citizens and citi- 
zenship. 
French Indies, 210(2), 211(4). 
French language, 345(62), 395(29). 
Fu, 354 n2. 

Funk and Wagnall's New Standard Dic- 
tionary of the English Language 
(cited), 177 nl. 

Gaceta (Cuba) (cited), 151 ni. 

Oaceta, La (Costa Rica) (cited). 111 nS. 

Gaceta Oflclal (Panama), 477(148). 

Galatz (Roumania), 525(62). 

Galicia (Austria-Hungary), 6(8), 14(1), 15 

(6). 
Galleys: Brazil, 80(19). 
Games of chance : Panama, 462(37). 
Gard, Department of (France), 210(2). 
Geffrard, 295. 
Oemeindevertretimg (Austria-Hungary), 12 

(4). 
Generate Consiglio Principe (San Marino), 

549. 
Genoa, 337. 

George (Denmark), 261. 
George IV (Great Britain), 242 n5, 257 nl. 
Georgia (U.S.A.), 608(2), 621 n2. 
German Confederation, 217, 377 n2, 391 ; 

see also North German Confederation. 
German language, 395(29). 
Germany: 3, 217-238. 

Accounts, 222(8). 

Alliances, 223(11). 

Alsace-Lorraine, 219 nl, n&, 221 (6a.), 224 
nJi. 

Amhassadors, 223(11). 

Anhalt, 219(1), 224 ni. 



644 



INDEX. 



Germany 



Gerinniiy — Continued. 

Army and fortification, 222(8). 

Association, 221(16). 

Austrian Empire, 217. 

Baden, 218(3), 219(1), 224 n!,, 226(35), 
227(38^ 231 nS. 

Banliing regulations, 220(4). 

Banks, Department of, 224 iiS. 

Bavaria, 218(4), 219(1), 220(4), 222(8), 
223(8), 224 nl, 227(38), 229(46), 231 
(52), nS. 

Beacons, 220(9). 

Beer, 226(35). 

Beet sugar, 227(38). 

Beets, 226(35). 

Brandy, 226(35). 

Bremen, 219(1), 224 nl,, 226(34). 

Brunswick, 219(1), 224 n',. 

Budget, see Finance. 

Bundesrat : 221-223 ; committees, 222 
(8) ; composition of, 221(6-6a) ; dis- 
putes between States of the Union to be 
adjusted by, 237(76) ; diplomatic pro- 
tection granted to members of, 223 
(10) ; legislative powers, 222(7) ; 
members may not at the same time be 
members of Reichstag, 223(9) ; of- 
fenses against, punishable, 237(74) ; 
presiding officer, 223(15) ; right of 
each member to present views of his 
government to Reichstag, 223(9). 

Buoys, 220(9). 

Business, 219(3). 

Chancellor, sec Imperial Chancellor. 

Citizenship, 219(3), 220(1). 

Civil cases, 221(11). 

Civil law, 221(13). 

Civil rights, 219(3). 

Coinage, 220(3). 

Colonization, 220(1). 

Commerce, 220(8) ; see also Customs and 
commerce. 

Commerce and trade, 222(8). 

Committee of the Bundesrat, 227(36). 

Committees, 222(8). 

Confederation of the Rhine, 217. 

Confederation Act of 8 June 1815, 217. 

Constitution : 218 ; amendments, list of, 
218(1-4) ; amendments to be made by 
Legislature, 238(78); attempts 
against integrity, existence, or Consti- 
tution of Empire punishable, 237(74). 

Constitution of 16 April 1871, see Im- 
perial Constitution of 16 April 1871. 

Constitution of the North German Con- 
federation of 16 April-14 June 1867, 
218(1). 

Constitutional duties, 224(19). 

Consular affairs, 232(56) ; representa- 
tion, 220(7). 

Courts of honor, 233(61). 

Crimes against the State, 237(74-75). 

Criminal law, 221(13). 

Customs and commerce, 226-228 ; Ba- 
varia, Wiirttemberg and Baden not to 
share in revenue in brandy and beer, 



Germany — Continued. 

Customs and commerce — Continued. 
227(38) ; Bundesrat committee on 
dutie.s and customs, 222(8) ; collection 
and administration, 226(36) ; duties, 
220(2); government monopolies, 
226(35) ; one customs and commercial 
territory, 226(33) ; quarterly sum- 
maries, 228(39) ; revenues to go to 
treasury of Empire, 227(38). 

Customs Union Treaty of S July 1867, 
228(40). 

Domicile, 220(1). 

Elections, 224(20), 225(24, 27). 

Emigration, 220(1), 233(59). 

Emperor : administration of post and 
telegraph, 230(50) ; appointive power, 
224(18); command over army, 
234(63) ; participation in legislation, 
224(17) ; prerogatives and duties in 
the Bundesrat, 223(10, 12), 224(13) ; 
power to declare martial law, 235(68) ; 
power vested in, 223(11) ; supervision 
over all consular affairs, 232(56) ; su- 
preme command in marine and navi- 
gation, 231(53). 

Empire, 217, 218 ; Presidency of, 223 
(11) ; attempts against the integrity 
of, 237(74-75). 

Finance : annual report of expenditures, 
236(72) ; appropriation granted for 
one year, 236(71) ; budget of army ex- 
penses, 233 (62) ; loans may be con- 
tracted, 236(73) ; post and telegraph 
receipts, 230(49) ; revenues from cus- 
toms and commerce, 227.(38) -228 (39) ; 
revenues, whence derived, 236(70) ; 
surpluses, 236(70) ; to be estimated, 
236(69) ; treasury, 227(38), 230 (49), 
231(53) ; see also Customs and com- 
merce. 

Foreign affairs, 223(8). 

Foreign Affairs, Department of, 224 nS. 

Foreign trade, 220(7). 

Foreign treaties, 223(11). 

Foreigners, 220(1). 

Free ports, 226(34). 

Funded money, 220(3). 

German Confederation, relation of Ger- 
man States to, 217. 

German flag, 220(7). 

German National Assembly, 217. 

Hamburg, 219(1), 224 M, 226(34). 

Ilanseatic cities, 226(34). 

Helgoland, 219 ikt. 

Hesse, 218(3), 219(1), 224 n.',. 

Highways, 220(8). 

Holy Roman Empire, 217. 

Imperial Chancellor, 223(15). 

Imperial Constitution, 217. 

Imperial Constitution of 16 April 1871, 
218(4)-238. 

Imperial Gazette, see Reichsgesetzblatt. 

Imperial laws, 222(7). 

Imperial officials, 224(17). 



645 



Germany 



UsTDEX. 



Germany — Continued. 

Imperial Railroads, Department of, 
224 nS. 

Insurance, 220(1). 

Intellectual works, ownership of, 220(6). 

Interior, Department of, 224 nS. 

Inventions, 220(5). 

Jade, an Imperial naval port, 231(53). 

.Tudicial affairs, 222(8). 

Judiciary: civil law, 221(13); judicial 
relief, if justice is denied in one State, 
237(77) ; offense against Bundesrat or 
Reichstag punishable, 237(74-75) ; pro- 
cedure, 221(13) ; sentences, 221(11) ; 
tribunal of last resort, 237(75). 

Justice, Department of, 224 nS. 

Kiel, an Imperial naval port, 231(53). 

Landwehr, 233(59), 234(63). 

Lauenburg, 219(1), nl. 

Law of Military Penal Procedure of 3 
April 1845, 233(61). 

Law of 31 May 1911, 221 (6a). 

Laws, 221(5). 

Legislation, 219-221 ; see also Bundesrat ; 
Reichstag. 

Legislative power, 221(5). 

Lights, 220(9). 

Lippe, 219(1), 224 «-',. 

Loans, see Finance. 

Liibeck, 219(1), 224 n4, 236 nl. 

Marine, Department of, 224 nS. 

Marine affairs, 222(8). 

Marine and navigation: 220(7, 9), 231- 
232; Bundesrat committee on, 222(8) ; 
expense to be defrayed from treasury, 
231(53) ; flag of naval and merchant 
marine, 232(55) ; free ports, 226(34) ; 
Kiel and Jade, Imperial naval ports, 
231(53) ; license to command geagoing 
vessels, 231(54) ; seafaring men and 
shipbuilding artisans to serve in navy, 
231(53) ; signals of navigation, 220(9) ; 
under supreme command of Emperor, 
231(53) ; united mercantile marine, 
231(54). 

Maritime signals, 220(9). 

Measures, 220(3). 

Mecklenburg-Schwerin, 219(1), 224 n^. 

Mecklenburg-Strelitz, 219(1), 224 n4. 

Medical matters, 221(15). 

Migration, 220(1). 

Military affairs: 221(14), 232-235; 
army, readiness for action, 234(63) ; 
army under command of Emperor, 234 
(63) ; Bundesrat committee on army 
and fortifications, 222(8) ; cavalry 
length of service, 233(59) ; cost of, 
233(58) ; courts of honor, 20 July 
1843, 233(61) ; emigration of reserves, 
233(59) ; employment of army for po- 
lice purposes, 235(66) ; expenditures 
of army, to be fixed by budgetary law, 
234(62) ; expenses of army, 233(61- 
62) ; fortresses, construction of, 



Gei'many — Continued. 

Military affairs — Continued. 

235(65) ; Landwehr, 233(59) ; length 
of service, 233(59) ; liability to military 
duty, 232(57) ; martial law, power to 
declare, 235(68) ; military oath, 
234(64) ; military penal procedure, 8 
April 1845, 233(61) ; mobilization, 
234(63) ; mounted field artillery, 
233(59) ; National Guard, 233(59) ; 
no substitute accepted, 232(57) ; ofil- 
cers, 234(64), 235(64, 66) ; service, 
219(3). 

Military Penal Code of 3 April 1845, 
233(61). 

Napoleon I, 217. 

National defense, 220(8). 

Natives, 219(3). 

Naval affairs, 221(14). 

Navigation, see Marine and navigation. 

North German Confederation, 217, 231 nS. 

Oldenburg, 219(1), 224 n^. 

Passports, 220(1). 

Patents, 220(5). 

Paupers, 219(3). 

Peace, 223(11). 

Peace of Pragvie, 217. 

Post and telegraph, 220(10), 230-231; 
Bavaria and Wiirttemberg not to share 
in receipts of, 231(52) ; Bundesrat 
committee on, 222(8) ; Emperor shall 
have administration, 230(50) ; inter- 
course between Bavaria and "Wiirttem- 
berg with neighboring States not part 
of Empire, 231(52) ; receipts to belong 
to a common fund, 230(49) ; regula- 
tion concerning foreign countries, 
231(52) ; are State institutions, 
230(48) ; surplus of receipts to go to 
treasury, 230(49). 

Posts, Department of, 224 nS. 

Presidency of Confederation, 223(11). 

Press, 221(16). 

Professions, 220(1). 

Protocol of 15 Nov. 1870, 218(2). 

Prussia, 219(1), nl, 221(6), nl, 224 w^. 

Public documents, 221(12). 

Public offices, 219(3). 

Rafting, 220(9). 

Railways: 220(8), 228-229; administra- 
tion, 229(44) ; Bavaria excluded from 
articles, 229(46) ; Bundesrat commtitee 
on, 222(8) ; long-distance transporta- 
tion, 229(45) ; low tariff in case of 
public distress, 229(45) ; no law to 
prevent competitive lines to be built, 
228(41) ; one system, 228(42) ; right 
to construct, 228(41) ; tariff, 229(45) ; 
upkeep of, 229(43) ; use of roads for 
defense of country, 229(47). 

Railways, Department of, 224 m-3. 

Real estate, 219(3). 

Reichsgesetzhlatt, 219(2). 

ReichsUia, 221(5), 224-226; acceptance 
of ofllce, 225(21) ; action by majority. 



6J6 



INDEX. 



Great Britain 



■Germany — Continued. 
Reich stof/ — Continued. 

■225(28) ; adjournment, 225(26) ; com- 
position, 224(20) ; duration, 225(24) ; 
election of members, 224(20), 225(25, 
27) ; eligibility of members, 223(9) ; 
immunity- of members, 225(30) ; mem- 
bers' salary, 226(32) ; members not 
liable to arrest during session, 225 
(31) ; members representatives of peo- 
ple, 225(29) : proceedings to be public, 
225(22) ; right to propose laws, 225 
(23). 
Residents, 219(3). 
Reuss, elder line, 219(1), 224 ni. 
Reuss, younger line, 219(1), 224 M. 
Revenues, 227(38) ; see also Finance. 
Revolution of 184S, 217. 
Salt, 226(35). 
Salt tax, 227(38). 
Saxe-Altenburg, 219(1), 224 ni. 
Saxe-Coburg-Gotha, 219(1), 224 ni. 
Saxe-Meiningen, 219(1), 224 n',. 
Saxe- Weimar, 219(1), 224 n4. 
Saxony, 219(1), 223(8), 224 ni. 
Schaumburg-Lippe, 219(1), 224 ni. 
Schleswig-Holstein, 217. 
Schwarzburg-Rudolstadt, 219(1), 224 ni. 
Schwarzburg-Sondershausen, 219(1), 224 

ni. 
Secret ballot, 224(20). 
Settlement, 220(1). 
Signals, 220(9). 
South German States, 217. 
Suffrage, 224(20). 
Sugar, 226(35). 
Syrup, 226(35). 
Taxes, 220(2), 226(35). 
Telegraph, ncc Post and telegraph. 
Tobacco, 226(35), 227(38), 
Trade, 220(7), 222(8). 
Treasury, Department of, 224 nS. 
Treaties, 219(3), 223(11). 
Treaty of 23 November 1870, 218(4). 
Treaty of 25 November 1870, 218(3). 
Unfunded money, 220(3). 
Veterinary matters, 221(15). 
Vienna. Final Act of 15 May 1S20, 217. 
Waldeck, 219(1), 224 n4. 
War, 223(11). 
Waterways. 220(8-9). 
Weights, 220(3). 

Wtirttembe'-g, 218(3), 219(1), 223(8), 
224 ni, 226(35), 227(38), 231(52), nS. 
<5ers. Department of (France), 210(2). 
ahaffirs, 184(40). 
Gharbieh (Egypt), 177(3). 
Gifts: Egypt, 187(42). 
Girgeh (Egypt), 177(3). 
Gironde, Department of (France), 210(2). 
Giurgiu (Roumania), 525(62). 
Gizeh (Egypt), 177(3). 
Goerz (Austria-Hungary), 6(8), 14(1), 15 

(6). 
Gonaives (Haiti), 299(32). 



Gornje (Serbia), 564(81). 

Goyaz (Brazil), 66 nS. 

Gracias a Dios, Cape (Nicaragua), 438(69). 

Gradiska (Austria-Hungary), 6(8), 14(1), 

15(6). 
Granada (Nicaragua), 449(117). 
Granada (Panama), 458(3). 
Grand Duke: Luxemburg, 392(4)-393(8) , 

395-396, 40<J(76, 77). 
Grand General Council (San Marino), 549. 
Gratuities: Panama, 467(1); Roumania, 

533(112). 
Great Britain and Ireland: 239-260, 58V. 
Abbots, 242(31). 

Act declaring the Rights and Liberties of 
the Subjects and setlemg the Succes- 
sion of the Croione, 256 nl. 
Act for an Union of the Two Kingdoms 
of England and Scot4and of 16 May 
1707 (6 Anne, c. 11), 239. 
Act for rendring the Union of the Two 
Kingdoms more intire and complete of 
1707 (6 Anne, c. 40), 239. 
Act for the better secureing the Libertg 
of the Subject and for Prevention of 
Imprisonments beyond the Seas, 248 
n2. 
Act for the further Limitation of the 
Crown and better securing the Rights 
and Liberties of the Subject, 259 n2. 
Act for the more effectual preserving the 
King's person and government, by dis- 
abling Papists from Sitting in either 
House of Parliam,ent, 258 »i^. 
Act for the Relief of His Majesty's Ro- 
man Catholic Subjects of 24 June 
1829 (10 George IV, c. 7), 239. 
Act for Union of Oreat Brita4.n and Ire- 
land of 2 July 1800 (39 & 40 George 

III, c. 67, amended by 21 & 22 Victoria, 
c. 26. and by the Statute Law Revision 
Act of 1871), 239. 

Act further to amend the Laws relating 
to the representation of the People in 
England and Wales of 15 August 1867 
(30 & 31 Victoria, c. 102), 240. 

Act of Settlement of 12 June 1701, 239 
259-260. 

Act to amend the Law relating to the 
Representation of the People of the 
United Kingdom of 6 December 1884 
(48 Victoria, c. 3), 240. 

Act to amend the Representation of the 
People in England and Wales of 7 June 
1832 (2 William IV, c. 45), of the Peo- 
ple in Scotland of 17 July 1832 (2 
William IV, c. 65), of the People in 
Ireland of 7 August 1832 (2 William 

IV, c. 88), 239. 
Amercictur, 241(14). 
Anne of Denmark, 259(3). 
Archbishops, 243, 245(1). 
Articuli inserti in Magna Charta, 244 nl. 
Bail, 257. 
Baliffs, 242. 
Barons, 242, 245(1). 



647 



Oreat Britain 



INDEX. 



Great Bpitain and Ireland — Contd. 

Berwick upon Tweed, 253(10). 

Bill of Rights of 13 Feb. 1689, 239, 
256-259. 

Bishops, 242, 245(1). 

Bridges, 241(15). 

Burgesses, 245(1). 

Carta conflrmationis regis Edwardi I, 
243 nS. 

Carta de foresta regis Henrici III, 243 nl. 

Charles II, 258 nS. 

Charter, Great, of Henry III, 240 n2. 

Charter of Edward I, 1297, 240 n2. 

Charter of Forests, 243. 

Church of England, 259(3). 

Cinque Ports, 241(9), 253(10), 256(1). 

Confirmation of Charters, of 10 Oct. 1297, 
243-4. 

Constables, 242(17). 

Coroners, 242(17). 

Death penalty, 247(7). 

Debates, 257. 

Earls, 242. 
. Edward I, Charter of 1297, 240 n2. 

English Church, 240(1). 

Felons, 242(22). 

Fines, 257. 

Freemen, 242(29), 245(1). 

Gaolers, 248(1). 

George IV, 242 nS, 257 nl. 

Great Charter of Liberties of 11 Feb. 
1225 : 239-243 ; English Church, 
240(1); debtors, 241(8); London, 
241(9) ; fines, 241(14) ; merchants, 
242(30) ; ecclesiastics, 242-243. 

Grants, 257. 

Guernsey, 253(10). 

Haheas corpus, 246(5). 

Haheas Corpus Act of 1679, 248-255. 

Hospitallers, 242. 

Ireland, 253(11). 

James II, 256(1), n2. 

Jersey, 253(10). 

Knights, 245(1). 

Liberties, 259(3). 

London, 241(9). 

Magna Charta, see Great Charter of 
Liberties ; Articuli insert! in Magna 
Charta. 

Members of Parliament, 257. 

Merchants, 242(30). 

Peticion, The, ExhiMted to his Majestie 
hy the Lords Spirituall and Temporall 
and Commons, in this present Parlia^ 
ment assembled, concerning divers 
Bights and Liherties of the Subjects, 
with the Kings Majesties Royall Aun- 
swere thereunto in full Parliament, 245 
n2. 

Petition of Right of 7 June 1628, 239, 
245-248 ; habeas corpus, 246(5) ; death 
penalty, 247(7) ; taxes, 247(8) ; trea- 
son, 252(6) ; illegal imprisonment, 253 
(11). 

Praemunire, 254(11). 



Great Britain and Ireland — Contd. 

Prelates, 245(1). 

Priors, 242. 

Protestants, 257. 

Punishment, 257. 

Redistribution of Seats Act (48 & 49 Vic- 
toria, c. 23), 240. 

Registration Acts (48 & 49 Victoria, c. 15, 
16, & 17), 240. 

Religion, 259(3). 

Scotland, 253(11). 

Sheriffs, 242(17), 248(1). 

Sophia, Princess, electrix of Hanover, 259 
nS. 

Speech, freedom of, 257. 

Statutes of Parliament, 240 n2. 

Statutum de tallagio non concedendo of 
1297, 244-5. 

Tangier, 253(11). 

Templars, 242. 

Victoria. 241 n2, 259 n2. 

Wales, 253(10). 

William and Mary, 256(1), 258, and nS. 
Greece: 261-278. 

Allowances, 270(61). 

Amnesty, 267(39). 

Archaeological treasures, 265(17). 

Areopagus, see Court of Cassation. 

Armed forces, 266(32). 

Assembly, right of, 263(10). 

Association, right of, 263(11). 

Belgian Constitution of 7 February 1831, 
261. 

Budget, 265(24), 270(60), 273(83). 

Censorship, 264(14). 

Citizens : 262-265 ; personal rights, 262 
(3—4), 263(5) ; crimes and punishment, 
263(6-8) ; privileges, 263(9)-265(20). 

Civil list, 267(42), nl. 

Clerks of courts, 274(88). 

Coinage, 267(41). 

Confiscation, 265(18). 

Conscription, 270(60). 

Constantinople, 262(2). 

Constitution of 1/14 June 1911, 262-278. 

Consuls General, 277(102). 

Corporations, 264(16). 

Council of State, 261, 273-274. 

Court of Cassation, 272(73), 273(80), 
274(88), 277(103). 

Court of Misdemeanors, 263(6). 

Courts martial, 276(97). 

Courts of Accounts, 276(98), 277(103). 

Courts of Appeal, 272(73). 

Custodians of mortgages, 271(71), 
274(88). 

Death penalty, 265(18). 

Decorations, 267(40). 

Diplomatic agents, 277(102). 

Domicile, 264(12). 

Eastern Orthodox Church, 262(1). 

Education, 264(16). 

Envoys, 277(102). 

Executive powers, 265(27). 

Finance, see Courts of accounts. 



648 



INDEX. 



Guatemala 



Greece — Continued. 

Foreign troops, 270(99). 
French Charter of 14 August 1S30, 261. 
George (of Denniarl^), 201. 
Government, form of, 265(21-28). 
Holy Synod of Bishops, 262(2). 
House of Kepresentatives : 208-272 ; sits 
in public, 209(r»5) ; oath of members, 
270(64) : elections, 271(66-70) ; duties 
of representatives. 271-272. 
Impeachment, 272(80). 
Judiciary: 274-276: personnel, 274(87- 
89) ; sittings are public, 275(92) ; jury 
system, 275(94) ; courts-martial, 27(3 
(97). 
King: 266-268; rights and privileges, 

266-267 ; succession, 267-268. 
Language, 277(107). 
Letters, secrecy of, 265(20). 
Magistrates, 274(88). 
Mayors, 271(71). 

Militarv affairs: 264(14), 266(32, 34), 
270(60). 271(71), 276(97, 100), 
277(106). 
Military duties, 277(106). 
Military rank, 266(34). 276(100). 
Mineral waters, 265(17). 
Mines, 265(17). 
Ministers. 272 (77)-273(81). 
Municipal elections, 277(105). 
Notaries, 271(71), 274(88). 
Oaths: 264(15); of king, 267(43); of 

representatives. 270(64). 
Official Gazette, 278(110). 
Otto of Bavaria, 261. 
Pardon, 267(39), 273(81). 
Pensions, 270(61). 
Petition, right of, 263(9). 
Political offenses, 265(18), 267(39), 

■ 275(95). 
Posts and Telegraphs, Director General 

of. 277(102). 
Prefects. 277(102). 
Press: freedom of, 264(14); offenses, 

275(95). 
Primogeniture, 267(45). 
Process-servers, 271(71). 
Property, 265(17). 
Public officials, 266(34). 
Public prosecutors. 274(88). 
Public security, 263(10). 
Puhlic servants, 271(71). 
Quarries, 265(17). 
Regency, 268(50). 
Religion, 262(1-2). 
Retirement, 274(88). 
Royal Commissioners, 277(102). 
Salaries, 265(24), 270(61). 
Secretaries General of Ministries, 

277(102). 
Slavers', 264(13). 
Speech, freedom of, 264(14). 
Succession, 267-268. 

Supreme Di.sciplinary Council, 277(103). 
Supreme Judicial Council, 275(90). 



Greece — Continued. 
Ta.\ation, 270(59). 
Telegraphs, Director General of Posts and, 

277(102). 
Territory, 266(33). 
Torture, 265(18). 
Treaties, 266(32). 
Treaty of London of 25 April/7 May 

1832, 261. 
War, 266(32). 
Waters, 265 (17). 
Writing, 264 (14). 
Greogory, George D. (translator), 88 nS. 
Guadeloupe (France), 210(2). 
Guanacaste (Costa Rica), 143(116). 
Guantftnamo (Cuba), 174 nl. 
Guatemala, 279-293. 
Amnesty, 280(16). 
Armed forces, 281(22). 
Arrests, 282(30). 
Assembly, right of, 282(25). 
Associations, 282(25). 
Authors. 281(20). 

Barrillas, Don Manuel Lisandro, 292(4). 
Brigadier generals, 286(14). 
Carrera, Rafael, 279. 
Censor.ship, 282(26), 
Central American Federation, 279. 
Citizens, 280(4-11). 
Collectors of public revenue, 284(50). 
Constitution, amendments, 292(99). 
Constitution of 11 Dec. 1879, 279. 
Constitutive Act of the Republic of Gua- 
temala, 279. 
Contractors, 284(50). 
Contracts, 286(6). 
Conventions, 286(9). 
Correspondence, 283(35). 
Council of Ministers, 290(18). 
Council of State, 290(79). 
Councilors, 290(80). 
Currency, 286(8). 
Departments, appointment of chief, 291 

(95). 
Dcsignados, see Designates. 
Designates, 285(4), 288(69), 293(6). 
Domicile, 288(38). 
Education, 282(27). 
Entailment, 281(21). 
Equality before law, 281(16). 
Exequatur, 290(15). 
Expropriation, 282(28). 
Federal Constitution of 22 November 

1824, 279. 
Foreigners, 281(13), 282(23). 
Guatemalans, 280(4-11). 
Habeas corpus, 283(34). 
Imprisonment, 282(30). 
Indemnity, 282(28). 
Industry, 281(20). 
Inventors, 281(20). 
Judiciary: judges, 291(85) ; manner and 

form of trial, 291(89). 
Legislative power : organization, 283 
(40) ; National Assembly, 283 (41) ; 



8S3S1— 19— — 42 



649 



Guatemala 



INDEX. 



Guatemala — Continued. 

Legislative power — Continued. 

deputies, 283(44) ; attributions, 284 
(52) ; enactment of laws, 286(56) ; 
President shall approve laws, 287(59) ; 
Permanent Committee, 287(62). 

Loans, 286(6). 

Military affairs, 281(22), 284(50), 286 
(14), 290(11-12.) 

Ministers, 290(14). 

Municipalities, 292(97). 

National Assembly, 283(40). 

Pardon, 286(16). 

Passports, 290(16). 

Peace, 286(14). 

Permanent Committee, 287(63). 

Person, liberty of, 281(16). 

Police laws, 281(15). 

Political chiefs, 284(50). 

President: impeachment, 285(53); re- 
quirements, 288(65) ; designates, 288 
(69) ; vacancy of office, 288(69) ; oath, 
288(70) ; duties, 288(77) ; and the 
Council of State, 290(79). 

Press, 282(26). 

Property, 281 (16, 21), 282(28). 

Religion, 282(24), 284(50). 

Secretaries of State, 284(50). 

Solitary confinement, 282(32). 

Speech, liberty of, 282(26). 

Taxation, 285(54). 

Treaties, 286(9). 

War, 286(14). 

Weights, 286(8). 
Guernsey, 253(10). 
Guilds: Panama, 461(29). 



Habeas corpus: Costa Rica, 117(31) ; Great 
Britain, 246(5) ; Guatemala, 283(34) ; 
Honduras, 318(28) ; Nicaragua, 435 
<25) ; Portugal, 502(31); United 
States, 612(9). 
Hague, The, 400 iiS. 
Hainaut (Belgium), 44(1). 
Haiti: 295-314. 

Agricultural societies, 296(5). 

Armed force, 311(118). 

Arrests, 296(9). 

Arrondissements, see Districts. 

Artibonite, Department of, 299(37). 

Assembly, right of, 297(20). 

Budget, 310(106), 311(114). 

Bulletin des Lois, 304(66). 

Boyer (President), 295. 

Cap-Hai'tien, 299(32). 

Cayes, 299(32). 

Censorship, 297(16). 

Census, 299(32). 

Chamber of Deputies: 298(31) ; right to 
impeach, 308(100). 

Christophe, 295. 

Citizens, 296(3). 

Civil prosecution, 313. 

Civil rights, defined, 296(3-7). 



Haiti — Continued. 

Coat of arms, 312(120). 

Commerce, 296(5), 308(95). 

Communal institutions, 309 (103) -310 
(106) ; councilors, 313(B). 

Constitution, amendments, 313(128). 

Constitution of 9 May 1801, 295. 

Constitution of 12 June 1918, 295. 

Correspondence, 298(23). 

Council of State, 314. 

Court of Cassation, 307(92). 

Courts martial, 312(119), 313. 

Criminal prosecution, 313(A). 

Death penalty, 297(15). 

Dessalines (General), 295. 

Detention, 297(2). 

Districts, 296(2). 

Domicile, 297(11). 

Dominican Republic, 295. 

Education: 297(18); educational socle- 
ties, 296(5). 

Elections, 312(124). 

Equality before law, 296(8). 

Finance, 310(109)-311(117). 

Foreigners, 296(4). 

Geffrard, 295. 

Gendarmerie d' Haiti, 311(118). 

Gonaives, 299(32). 

Gratuity, 310(112). 

Haitians, 296(3). 

High Court of Justice, 309(100). 

Holidays, 312(122). 

Imposts, 310(109). 

Industrial societies, 296(5). 

Jacmel, 299(32). 

Jacques I, 295. 

J^remie, 299(32). 

Judiciary; Court of Cassation, 307(89) ; 
Judges, 307(90) ; sittings of courts are 
public, 308(96) ; High Court of Justice, 
309(100) ; criminal prosecutions, 313 
(A). 

Legal holidays, 312(122). 

Legislature: composition, 298(31) ; depu- 
ties, 299(32) ; election, 299(35) ; meet- 
ings are public, 302(54) ; petitions, 304 
(68) ; seat of, 302(49) ; session, 302 
(50). 

Liberty, personal, 296(9). 

L'Ouverture, Toussaint, 295. 

Moniteur, 304(66), 313(128). 

National colors, 312(120). 

National Assembly: powers, 300(40); 
presidency, 301(41) ; see also Senate. 

National holidays, 312(122). 

National palace, 306(82). 

Nationality, 296(3). 

Oaths, not required, 312(120). 

Pardon, 305(75), 313. 

Pension, 310(112). 

Pgtion, 295. 

Petition, right of, 298(22). 

Political crimes, 297(19). 

Political rights, 296(6-7). 



650 



INDEX. 



Honduras 



Haiti — Continued. 

Port-au-Prince, 299(32). 

Port-de-Paix, 299(32). 

President: 301(42), 313 ; 'election, 305 
(72) ; impeachment of, 308(100) ; eligi- 
bility, 305(73) ; oath, 305(74) ; seal, 
305(75) ; appointments, 305(75) ; va- 
cancy, 306(76) ; message, 306(80) ; 
residence, 306(82). 

Press: 297(19) ; freedom of, 297(16). 

Primary assemblies ; object of meeting, 
310(107) ; adjournment, 310(107). 

Primary instruction, 297(18). 

Property right, 297(14). 

Public force: maintenance, 311(119); 
courts martial, 312(119), 313. 

Public instruction, 297(18). 

Public law, 296(8-9). 

Public meetings, 298(20). 

Public offices, 305(75). 

Heal estate, 296(5). 

Religion, 297(17). 

Saint-Marc, 299(32). 

Salnave, 295. 

Santo Domingo, 295. 

Secretary of State : qualifications, 306 
(83) ; responsibility 307(87) ; salary 
307(88). 

Secretary of State for Finance, 311(114). 

Senate: 298(31) ; composition, 299(36) ; 
election, 300(37) ; see also National 
Assembly. 

Siege, state of, 312(125). 

Societies, 296(5), 298(21). 

Soulouque, General, 295. 

Sovereignty, in whom vested, 298(27- 
30). 

Speech, freedom of, 297(16). 

Subsidy, 310(112). 

Subvention, 310(112). 

Teaching, freedom of, 297(18). 

Thought, freedom of, 297(16). 

Treason, 297(15). 

Treaties, 305(75), 312(127). 

Worship, 297(17). 
Hamburg (Germany), 219(1), 221(6), 224 

Hamilton, liOuis, in Paul Posener, Die 

Staatsverfassungen des Erdhalls (cited), 

240 nl. 
Handhuch der deutschen Verfasstingen 

(Second Edition), by Stoerlj-Rauch- 

haupt (cited), see Stoerk-Rauchhaupt. 
Hanseatic cities, 226(34). 
Hapsburgs, throne of the, 3. 
Harbors, see Ports and harbors. 
Hatt-i-humai/oun of 18 February 1856 

(Turkey), 589. 
Hatt-i-sherif of 3 November 1839 (Turkey), 

589. 
Hatt-i-sherif of 12/24 December 1838 

(Turkey), 553(2). 
Hcus der Abgeordneten (Austria), 14(1). 
Haute-Garonne, Department of (France), 

210(2). 



Haute-Loire, Department of (France), 

210(2). 
Haute-Marne, Department of (France), 210 

(2). 
Haute-Saone, Department of (France, 210 

(2). 
Haute-Savoio, Department of (France), 210 

(2). 

Haute- Vienne, Department of (France), 210 
(2). 

Hautes-Alpes, Department of (France), 210 
(2). 

Hautes -Pyr^n^es, Department of (France), 
210(2). 

Hawaii (U. S. A.), 621 n2. 

Health, public: Costa Rica, 117(32), 130 
(12) ; Cuba, 174(5) ; Egypt, 183(36), 
185(39) ; Germany, 221(15) ; Hon- 
duras, 319(44), 322(75) ; Panama, 468 
(16). 

Helgoland, 219 nl. 

Hemelt, Francis J. (indexer), iv. 

Heranlt, Department of (France), 210(2). 

Ileredia (Costa Rica), 143(116). 

Hcrrenhaus (Austria), 14(1). 

Hertslet, E., Map of Europe by Treaty 
(cited), 3 nl, 34 n2, 87 nl, n2, 87 n2, 
217 nl-3, 218 nl, 261 n2, 407 w3. 

Herzegovina, see Bosnia and Herzegovina. 

Hesse, 219(1), 221(6), 224 n^. 

Highways, see Roads. 

Hokushu (Japan), 351 n3. 

Holland, 43. 

Holy Roman Empire, 217. 

Holy Scriptures (Bulgaria), 95(80). 

Holy See, 337, 341(33), 347-349. 

Holy Synod, 91(39), 95(80), 262(2), 540 
nl. 

Honduras: 315-335, 431(1). 

Academic degrees, 325(91). 

Amnesty, 324(7), 328(9). 

Amparo (asylum), 335(162). 

Army, see Military affairs. 

Assembly, right of, 320 (58>. 

Associations, 320(58). 

Asylum (amparo), 335(162), 

Authors, 321(68), 324(16). 

Budget, 325(20), 332(135-138). 

Capital punishment, 318(27). 

Central American Federation, 315(1). 

Charters, 321(65). 

Citizens: natives, 316(6-9); foreigners, 
316-317; citizenship, 317(20-25); 
rights and guarantees, 318-320 ; lib- 
erty of, 320-321; equality, 321(65- 
66) ; property rights, 321(67-71). 

Civil status, 320(55). 

Colonization, 320(60). 

Commerce, 319(47), 325(24, 30). 

Concessions, 320(60). 

Confiscation, 320(49), 321(69). 

Congress of Deputies, 321, 322(78). 

Constitution : of 11 Dec. 1825, 11 Jan. 
1839, 4 Feb. 1848, 29 Sept. 1865, 23 



651 



Honduras 



INDEX. 



Hondnras — Continued. 
Constitution — Continued. 

Dec. 1873, 14 Oct. 1894. 9 Sept. 1904, 
315(1) ; of 1 Nov. 1880, 315(1), 335 
(167) ; constitutional laws, 335(162) : 
reforms and amendments, 335(163- 
167). 
Consular agents, 328(15). 
Contractors, 323(86), 329(113). 
Contracts, 326(99). 
Correspondence, secrecy of, 322(75). 
Council of Ministers, 327(107). 
Court of Accounts, 329(27). 
Courts of Appeals, 330(120). 
Credit institutions, 320(60). 
Crimes, 317(16). 
Currency, 325(31), 329(29). 
Custom-houses, 325(30). 
Debtors, 317(21), 323(86), 330(113). 
Defense. 324(8). 
Departments: government, 833(148- 

149) ; judges, 321(123). 
Deputies, 325(93). 
Designates, 327(102). 
Diplomatic affairs : intervention, 317 
(15) ; negotiations, 328(14) ; agents, 
328(15). 
Direct taxation, 321(66). 
Directory of Congress, 322(82). 
Donation, 321(61). 
Dwelling, 319(44). 
Earthquake, 319(44). 
Education, 320(57), 329(24). 
Emigration, 320(60). 
Entails, 321(62). 
Epidemics, 319(44), 322(75). 
Equality, 318(26). 

Executive power : 316-327 ; duties of 
President, 327-329 ; see also President. 
Expropriation, 321(67). 
Extradition, 317(16), 331(127). 
Finance : national debt, 325(27) ; budget, 
325(25), 332(135-138) ; Public Treas- 
ury, 332(139)-333(143) ; Court of Ac- 
counts, 329(27), 332(141) ; loans, 325 
(29), 328(17) ; revenues, 325 (25), 
328(16), 329(28). 
Fire, 319(44). 
Fiscal General of Treasury, 329(27), 

333(143). 
Flood, 319(44). 
Foreign relations: 328(15) ; Department 

of, 330(114). 
Foreigners in Honduras, 316(10)-317 

(19). 
Form of government, 322(76). 
Fraud, 319(39). 
General in Chief, 329(110). 
Government, form of, 315-316, 322(76- 

77). 
Gunpowder, 320(59). 
Habeas corpus, 318(28). 
Higher Auditorship, 332(141). 
Hondurans, 316(6-9). 
Human life, inviolability of, 318(26). 



Honduras — Continued. 
Impeachment, 324(14). 
Individual security, 318(26). 
Industries, 320(59-60), 324(16). 
Invasion, 328(17). 
Inventors, 321(68), 324(16). 
Inviolability: of human life, 318(26) ; of 

communications, etc., 319(47). 
Judiciary, 322(76), 330-332. 
Legislative power : 322-326 ; attributions 
of Congress, 323-325 ; formation and 
promulgation of laws, 325—326 ; see 
also Congress. 
Letters, secrecy of, 319(47). 
Letters of marque, 328(20). 
Liberty, personal, 318(26). 
Literary degrees, 325(91). 
Loans, 325(29), 328(17). 
Military affairs: 325(33), 328(18-19), 
328(18), 332(131), 333(144-147) ; 
rank, 325(36) ; soldiers, 323(16). 
Monastic orders, 320(58). 
Monopolies, 320(59). 
Municipal government, 333-334. 
National debt,- 325(27). 
National sovereignty, 315(3), 322(77). 
Naturalization, 325(37), 329(22). 
Pardons, 324(7). 
Peace, 325(32), 328(12). 
Penalties, 320(49). 
Pensions, 324(6). 
Personal service, 321(71). 
Petition, right of, 321(63). 
Police force, 320(51), 329(30). 
Political constitution, 315(1). 
Political crimes, 317(16). 
Ports, 325(30). 

President, 324(9), 325(93), 326(101). 
Press: liberty of, 320(56); laws, 335 

(162). 
Printed matter, 320(56). 
Private correspondence, 319(47). 
Private papers, 319(47). 
Privileges, 320(60), 321(65). 
Prizes, 331(127). 

Property: 321(61, 67); rights, 318(26). 
Proportionality, 321(66). 
Proscription, 320(49). 
Public employees. 334-335. 
Public offices, 324(6). 
Public power, 316(4). 
Public Treasury, 332(139)-333(143). 
Public utility, 321(67), 324(18). 
Rebellion, 328(17). 

Religion: freedom of, 320(54) ; ministers 
shall not hold public office, 321(65) ; 
monastic orders, 320(58) ; religious es- 
tablishments, 321(62). 
Reprisals, 328(20). 
Republic of Central America, 315(1). 
Republican form o.f government, 321(72). 
Revenues, 325(25), 328(16), 329(28). 
Rewards, 324(16). 
Saltpeter, 320(59). 
Sanitation, 322(75). 



652 



INDEX. 



Hungary 



Honduras — Continued. 

Secretaries of State, 329-330. 

Security of the individual, 318(26), 
324(8). 

Sentences, commutation of, 324(7), 328 
(10). 

Service, personal, 321(70). 

Siege, state of, 321(74), 325(35), 329 
(21), 335(162). 

Slavery, 320(53). 

Soldiers, 323(86). 

Spanish-Americans, 316(9). 

Spirituous liquors, 320(59). 

Sul)ventions, 324(18). 

Suffrage, 317(24). 

Superior Court of Accounts, 332(141). 

Supreme Court of Justice, 324(9), 326 
(100), 330(116). ' 

Taxation, 321(66) ; 325(26). 

Telegrams, inviolability of, 319(47). 

Territory, integrity of, 322(77), 325(28). 

Thought, freedom of, 320(56). 

Title, property, 321(61). 

Tobacco, 320(59). 

Torture, 319(43). 

Treasury, Public, 332(139)-333(143). 

Treaties, 325(22), 326(99), 328(14). 

Vagrancy, 317(21). 

Vice-President, 324(9), 327(102). 

War: 321(67)(74), 325(.32), 328(12); 
Department of. 330(114). 

Weights and measures, 329(29). 

Whipping, 319(43). 

Wills, 321(61). 
Honors : Nicaragua, 441(85) ; see also Deco- 
rations. 
Hospodar (Prince), see Prince Hospodar. 
Hospitals: Egypt, 183(37). 
Hungary: 3, 11, 25-41. 

Abbots, appointed by King, 28(7). 

Agriculture, Department of, 29(14). 

Andreas II, 25. 

Archbishop, appointed by King, 28(7). 

Bfics-Bodrogh, 35(4). 

Belgrade, 39(4). 

Bishops, appointed by King, 28(7). 

Bulla Aurea, 25. 

Commerce, Department of, 29(14). 

Contribution, 27. 

Councilors of Royal Hungarian Chancel- 
lery, 29(22). 
Councilors of State, 29(20). 

Courts, established to preserve independ- 
ence, 30(27). 
Croatia, 26 ni, 29 nS. 

Cuniania, 35(4). 
Dalmatia, 26 nJ,, 29 nS. 
Diet : annual sessions, 31-33 ; assembly 
and dissolution by King, 31(5) ; bud- 
get, 31(6) ; election, 31(4) ; King ap- 
points president, 32(7) ; ministers have 
seats in both houses, 30(28) ; minis- 
ters have vote only In certain cases, 
30(31) ; order of business adopted by 
each house, 33(13) ; presidents of both 



Hungary — Continued. 

Diet — Continued. 

houses receive salary from treasury, 32 
(9) ; representatives elected for five 
years, 31(3) ; sergeants at arms, 32 
(14) ; sessions public, 32(10). 
Drave (River), 26 «}. 

Dual Monarchy, Hungary a part of, 3. 

Electors: eligibility, 37(13); shall b9 
registered in special lists, 37(4). 

Executive povs'er, 27. 

Ferdinand I, of Austria, 25. 

Finance, 29(14), 31(6). 

Fiume, Governor of, 39(4). 

House of Representatives : chooses its 
own president, 32(8) ; composition, 
33(5). 

Impeachment of ministers, 31(33). 

Independence, 3, 26. 

Interior, Department of, 29(14). 

.lazygia, 35(4). 

Justice and Pardons, Department of, 
29(14). 

King: appointive power, 28(7) ; appoints 
ministers upon nomination of presi- 
dent, 28(12) ; appoints president of 
Diet, 32(7) ; exercises executive clem- 
ency, 28(7) ; dissolution of Diet, 31(5) ; 
exercises executive power, 28(3) ; 
grants rank, title, and orders, 28(7) ; 
his person is sacred and inviolable. 
28(1) ; ministers in attendance upon 
his majesty, 28(13) ; ministers re- 
sponsible to, 28(4) ; two councilors of 
State selected, 29(20). 

Knin, 39(4). 

Koevar, 35(4). 

Krasso, 35(4). 

Kraszna, 35(4). 

Laws : Bulla Aurea, 25 ; Law 10 of 1791, 
26 ; Law 12 of 1791, 27 ; Law 19 of 
1791, 27 ; Law 2 of 1848, modification 
of, 34-37 ; Law 3 of 1848, 28 ; Law 4 
of 1848, 31 ; Law 5 of 1848, 33 ; Law 
8 of 1848, 33 : Law 18 of 1848, 33 ; 
Law 20 of 1848, 34(2) ; Law 33 of 
1874, 34-37 ; Transylvanian Law 2 of 
1848, 35(5) ; Diploma of 20 Oct. 
1860, 25 ; Patent of 26 Feb. 1861, 25 ; 
Law 7 of 1885, 38-41. 

Legislative power, 27. 

Leopold II, Deereti, 1791, 26 ni. 27 nl, n2. 

Magna Charta, compared with Bulla 
Aurea, 25. 

Magnates, see Table of Magnates. 

Martinsberg, 39(4). 

Ministers : amenable to ordinary laws in 
criminal offenses, 31(36) ; appointed 
by King, 28(7) ; competence of, 29 
(14) ; impeachment, 31(33) ; juris- 
diction in impeachment, 31(34) ; par- 
don may be granted to convicted min- 
isters, 31(35) ; President of Ministry 
to preside in absence of King, 29(17) ; 
responsibility of, 30(32) ; ministers re- 



653 



Hungary 



IIS'DEX. 



Hting'ary — Continued. 

Ministers — Continued. 

sponsible to King, 28(4) ; separate 
minister at head of each department, 
29(15) ; to give proper explanations 
to Houses of the Diet, 30(29) ; to sub- 
mit oflScial papers, 30(30) ; vote in 
Diet, 30(31). 

Ministry: composition, 28(10); founda- 
tion of, 28(1) ; seat of, 28(5) ; to sub- 
mit annual statement to Lower House, 
31(37). 

Mohacs, 25. 

National Defense, Department of, 29 
(14). 

Palatin, office of, 28 nS. 

Pannonhalma, 39(4). 

Pozsony, Count of, 39(4). 

Pragmatic Sanction, 25. 

Press, freedom of, 33(1). 

Pressburg, 39(4). 

Priors, appointed by King, 28(7). 

Religion : equality of religious confes- 
sions, 34(2). 

Religion and Education, Department of, 
29(14). 

Representatives, election of, 33(5). 

Revolution of 1848, 25. 

Royal Council of the Regency, 28(6). 

Royal Council of the Treasury, 28(6). 

Royal Hungarian Chancellery, 28(6). 

Royal Table, 32(8). 

Slavonia, 26 M, 29 nS. 

Standard bearers, 28(7), 39(4). 

Subsidies, 27. 

Szoer^ny, 35(4). 

Szolnok, 35(4). 

Table of Magnates : 38(1) ; life members, 
40(5) ; loss of membership, 40(10) ; 
Magyar is the language of legislation, 
40(9) ; members take part in delibera- 
tions, 40(8) ; members who have right 
to sit, 38(1) ; newly created offices do 
not carry right of seat in, 40(7). 

Taxation : all inhabitants are subject to, 
33. 

Temes, 35(4). 

Tinnin (Knin), 39(4). 

Torontal, 35(4). 

Vilagos, surrender of Hungarians at, 13 
Aug. 1849, 25. 

Voters : must be taxed in the preceding 
year, 36(8) ; right of, 34(1) ; who can 
vote, 34(3) ; who can not vote, 36 
(10) ; who may vote without regard 
to income, 36(9) ; who shall not exer- 
cise right of, 37(1) ; see also Electors. 

Zarand, 35(4). 
Hushi (Roumania), 525(62). 

Idaho (U. S. A.), 621 n2. 
Ilfov (Roumania), 525(62). 
Ille-et-Vilaine, Department of (Prance), 
210(2). 



Illinois (U. S. A.), 621 n2. 

Illiterates: Brazil, 78(70). 

Immigration, freedom of: Brazil, 69(35) J 
Costa Rica, 117(32), 130(12) ; Cuba, 
156(29) ; Nicaragua, 433(12)-439> 
(17) ; United States, 613(10). 

Impeachment: China, 107(19), 109(41, 
47) ; Cuba, 158(47), 168(93) ; France, 
197(12) ; Greece, 272(80) ; Honduras, 
324(14) ; Hungary, 31(33) ; Liberia, 
365(6), 367(1) ; Roumania, 531(101)- 
532(103) ; Serbia, 572(136) ; United 
States, 608(2), 609(3), 614(2), 615 
(4), 615(12). 

Imperial Academy of Science (Russia), 
544 nl. 

Imperial Council, 544 nl. 

Imperial Manifesto 17/30 Oct. 1905 (Rus- 
sia), 537. 

Imposts, see Commerce. 

Imprisonment: Brazil, 79(14); Bulgaria, 
95(74) ; Costa Rica, 115(17) ; Cuba, 
154(18); Guatemala, 282(30); Nica- 
ragua, 435(30) ; Portugal, 501(17). 

Incomes: United States, 622 (16). 

Indian tribes: United States, 611(8). 

Indiana (U. S. A.), 621 n2. 

Indictment: United States, 618(5). 

Indies, French, 210(2), 211(4). 

Indre, Department of (Fi-ance), 210(2). 

Indre-et-Loire, Department of (France), 
210(2). 

Inner Mongolia, 106(3), 107(18). 

Industrial freedom, see Occupations, free- 
dom of. 

Industries: Nicaragua, 442(6); Panama, 
461(29). 

Infectious diseases, see Health, public. 

Insurance: Germany, 220(4). 

Insuratsi, 535(133). 

Insurrection: Bulgaria, 94(73); United 
States, 611(8), 621(3). 

Integrity of nation: Nicaragua, 432(2). 

Intellectual property: Germany, 220(4); 
see also Copyright. 

International Commission of Control (Al- 
bania), 1. 

International law, 76(60), 180(20). 

Interoceanic Canal, 476(138). 

Intoxicating liquors : United States, 623 
(11). 

Invasion: Cuba, 165(17); Honduras, 328 
(17) ; United States, 612(9), 613(10), 
617(4). 

Inventions and inventors: Brazil, 80(25); 
Cuba, 156(35) ; Germany, 220(4) ; 
Guatemala, 281(20); Honduras, 321 
(68), 324(16) ; Nicaragua, 437(59), 
441(85) ; Panama, 462(40), 468(11) ; 
United States, 611(8) ; see also Pat- 
ents. 

Involuntary servitude: United States, 620 
(1). 

Iowa (U. S. A.), 621 nS. 

Ireland, 253(11). 



654 



I]!TDEX. 



Ivory 



Irrigation: Egypt, 183(36). 

Isfere, Department of (France), 210(2). 

Isle of Pines (Cuba), 174(6). 

Ismail Kemal Bey, 1. 

Ismailia (Egypt), 177(3). 

Istria (Austria-Hungary), 6(8), 14(1), 

15(6). 
Italian language, 345(62). 
Italians, capture of Avlona by, 1. 
llaly: 3, 337-350. 

Albert, Charles, King, 337. 

Alliances, 338(5). 

Ambassadors, 341(33). 

Archbishops, 341(33). 

Assembly, right of, 341(32). 

Attorney General, 341(33). 

Bibles, 341(28). 

Bishops, 341(33), 349(15). 

Cardinals, 348(6). 

Castel Gandolfo, 348(5). 

Catechism, 341(28). 

Catholic religion, 338(1). 

Chamber of Deputies, 338(3) ; provisions 
common to both houses, 343—345 ; see 
also Senate. 

Church, relation of State with, 349-350. 

Citizens : rights and duties, 340-341. 

Civil list, 339(19). 

Civil rights, 340(24). 

Cocl£ade, 346(77). 

Communal institutions, 346(74). 

Conscription, 346(75). 

Councilors, 341(33). 

Courts, 345(70). 

Courts of Appeal, 341(33). 

Courts of Cassation, 341(33). 

Crown, 339(19). 

Cyprus, 337. 

Debt, public, 341(31), 347(4). 

Decorations, 346(80). 

Deputies, 341(33) ; see also Chamber of 
Deputies. 

Domicile, 340(27). 

Ecclesiastical institutions, 350(16). 

Education, 342(19). 

Envoys extraordinary, 341(33). 

Envoys to the Holy See, 348(11). 

Equality before law, 340(24). 

Exequatur, 350(16), nl. 

Flag, 346(77). 

French language, 345(62). 

Genoa, 337. 

High Court of Justice, 342(36). 

Holy See, 337, 347-349. 

Industrial liberty, 340(26). 

Intendants general, 342(17). 

Italian language, 345(62). 

Jerusalem, 337. 

Judiciary : 345-346 ; Attorney General, 

341(33) ; High Court of Justice, 842 

(36). 
King, 338(3). 
Knightly orders, 346(78). 
Language, 345(62). 



Italy — Continued. 

Law of Guarantees of 13 May 1871, 337, 

347.. 
Liturgical boolss, 341(28). 
Lombardy, 337 nl. 
Major generals, 342(33). 
Mancini Law, 343 nS. 
Marches, 337 nl. 
Meetings, public, 341(32). 
Militia, 346(76). 
Ministers, 341(33), 345(65-67). 
Napoleon I, 337. 
Neapolitan Provinces, 337 nl. 
Nice, 345 nl. 

Nobility, titles of, 346(79). 
Orders, 346(78). 
Papal : States, 337 ; decrees, ecclesiastical 

oi-dinances, and orders, 339 n2. 
Pensions, 346(88). 
Piedmont, 337, 342 nl. 
Placet, 350(16), nl. 
Political rights, 340(24). 
Postal and telegraph oflSces in Vatican, 

349(12). 
Prayer books, 341(28). 
Press, 340-341(28). 
Property, 341(29). 
Provincial institutions, 346(74). 
Public debt, 341(31), 347(4). 
Queen Mother, 339(14). 
Rear Admirals, 342(33). 
Regency, 339(13). 
Regent, 340(23). 

Religion : Church and State, 349-350. 

Rome, 337. 

Royal Academy of Sciences, 342(18). 

Royal family, 342(34). 

Royal palaces, 339(19). 

Sardinia, 337. 

Savoy, 337, 345 nl. 

Senate: 338(3), 341-342; provisions 
common to both houses, 343-345 ; see 
also Chamber of Deputies. 

Sicily, 337 nl, 349(15). 

State and Church, see Church. 

Statuto fondamentale of 4 March 1848, 
337. 

Superior Council of Public Instruction, 
342(19). 

Supreme Pontiff : 347-349 ; see also Holy 
See. 

Taxation, 341(30). . 

Throne, 338(2). 

Titles, 346(79-80). 

Treaties, 338(5). 

Tribunals, 345(70). 

Tricolor 346 nJ,. 

Tuscany, 337 nl. 

Umbria, 337 nl. 

Vatican, 348(5), 349(12). 

Venice, Province of, 337 nl. 

Victor Emmanuel II, 37. 
Ivory Coast (Africa), 356. 



655 



Jacmel 



INDEX. 



Jaemel (Haiti), 299(32). 
Jacques I (Haiti), 295. 
Jade (Germany), 231(53). 
Jagodina (Serbia), 564(81). 
James II (England), 256 n2. 
James, E. J., Foreign Constitutions [The 
Convention Manual of the Sixth New 
York State Constitu/tional Convention, 
1894] (cited), 218 n6. 
Japan: 351—358. 

Agriculture and Commerce, Minister of, 
356 nl. 

Amnesty. 353(16). 

Army, 352(11), 353(20). 

Assembly, right of, 353(29). 

Association, 353(29). 

Board of Audit, 358(72). 

Budget, 357(64). 

Cassation, Court of, 356 nl. 

Citizens, rights and duties, 353-354. 

Commerce and Agriculture, Minister of, 
356 nl. 

Communications, Minister of, 356 nl. 

Constitution, amendments, 358(75). 

Constitution of 11 February 1889, 351. 

Council of Ministers, 356 nl. 

Debate, 355(46). 

Deficiency appropriations, 357(69). 

Domicile, 353(22, 25). 

Emperor, 351-353. 

Finance : 357-358 ; Minister of, 356 nl. 

Foreign Affairs, Minister of, 356 til. 

Fu, 354 n2. 

Hokushu, 351 nS. 

House of Peers, see Imperial Diet. 

House of Representatives, see Imperial 
Diet. 

Imperial Diet: 352(7), 354-356; House 
of Peers, 354(34) ; House of Represen- 
tatives, 354(35) ; functions, 355(37- 
51) ; members, 356(52-54). 

Imperial House Law, 358(74). 

Instruction, Minister of, 356 nl. 

Interior, Minister of, 356 nl. 

Judiciary, 356-357 ; Minister of, 356 nl. 

Ken, 354 n2. 

Letters, secrecy of, 353(26). 

Loans, 357 (62). 

Marine, Minister of, 356 nl. 

Meetings, public, 353(29). 

Migration, 353(22). 

Military affairs, 352(11, 13), 353(20). 

Ministers of State? 356(55-56). 

Nansei, 351 nS. 

Navy, 352(11). 

Nobility, 353(15). 

Orders, 353(15). 

Ordinances, 352(9). 

Pardon, 353(16). 

Peace, 352(13). 

Petition, right of, 354(30). 

Prime Minister, 356 nl. 

Primogeniture, 352 nl. 

Privy Council, see Ministers of State. 

Property, .353(27). 





I Japan. — Continued. 
Publication, 353(29). 
Regent, 353(17). 
Rehabilitation, 353(16). 
Religious freedom, 353(28). 
Residence. 353(22). 
Shogun, 351. 
Siege, 352(14). 
Speech, liberty of, 358(29). 
Taxation, 353(21), 357(62). 
Titles of nohility, 353(15). 
Tokyo, 351 nS. 
Treaties, 352(13). 
Trials, 356(59). 

War : 352(13) ; Minister of, 356 nl. 
Writing, 353(29). ' 
Jassy (Roumania), 525(62). 
Jassy (Roumania), University of, 527(73). 
Jazygia (Hungary), 35(4). 
Jergmie (Haiti), 299(32). 
Jersey (England), 253(10). 
Jerusalem, 337. 
Jesuits, Portugal, 500(12). 
Jesus, Society of (Portugal), 500(12). 
Jewish religion, 57 nJt. 
Jews, 518 n2, 540 nl. 
Jimaguaya Constitution (Cuba), 172(1). 
Journal de St. Petershoitrg. of 4 Nov. 1905 

(cited), 537 nl. 
Journal ofpclel (French, cited), 193 nl, 195 
nl, nS, 198 nl, nS, n6, 203 w6, 208 n5, 
210 nl, 213 n3, 214 nl, nS, nJ,, 215 nl. 
Journal official <le la BepuMique d'Ha/iti, see 

Moniteur, Le. 
Judiciary: Austria, 17(11), 21-23; Bel- 
gium, 45(9), 46(30), 54-55, 58(127), 
59(137); Brazil, 64(15), 74-76; Bul- 
garia, 89(13), 104(161) ; China, 110 
(48-52) ; Costa Rica, 112(4), 113(7), 
115(21), 124(6), 141(108), 150(10); 
Cuba. 154(6, 14-15, 19), 155(21), 
158(47), 164-167; Egypt, 183(37), 
189(51) ; France, 195(9) ; Germany, 
221-223, 237(74-77) ; Greece, 274- 
276; Guatemala, 291(95, 98); Haiti, 
307-309, 313(A); Honduras, 322(76),' 
330-332; Italy, 341(33), 342(56), 845 
(70) ; Japan, 356-357 ; Liberia, 361 
(7, 10), 366(1), 368(5), 370(2,3) ; 
Luxemburg, 397(49), 401(84) -402 
(95); Montenegro, 422(142-154); 
Nicaragua, 433(16), 444(99), 449 
(117), 450(122-123), 451(132)-452 
(139) ; Panama, 460(22, 25), 466(19), 
468(17), 471(90, 92, 95, 97, 98), 473- 
474, 477(2) ; Persia, 492(27), 496- 
497; Portugal, 511(56)-512(64) ; Rou- 
mania, 523(36), 532(104-105) ; Rus- 
sia, 540(22) ; Serbia, 559(39), 575- 
578; Turkey, 600(81)-602(95), 604 
(117) ; United States, 615(2), 616(1), 
617(6), 619(11) ; see this title also 
under each State. 
Juge d'instruction (Turkey), 605(119). 
Jura, Department of (France), 210(2). 



656 



it 



INDEX. 



Liberia 



■J u r i s (1 i c <■ i o » contencioso-admlnistrativa 

(Costa Rica), 141(109). 
Jury trial: Austria, 23(11); Belgium, 55 

(98); Brazil, 81(31); Serbia, 575 

(148) ; United States, 615(2), 619(6), 

619(7) ; see alxo Judiciary. 

Kajars, 481. 

Kalioubiph (Egypt). 177(3). 

Kan.sas (U. S. A.), 621 n2. 

Karageorge (Serbia), 553. 

Karikal (France), 211(6). 

Kasias, 603(109). 

Kazi asJcer, 598(62). 

Kena (Egypt), 177^3). 

Kentucky (U. S. A.), 621 tiS. 

Kernan, Julia K. (translator), 549 nl. 

Khedive (Egypt), 175, 188(47). 

Kiel (Germany), 231(53). 

King (ruler) : Belgium, 51-53; Bulgaria, 90 
(25) ; Greece, 266-268; Hungary, 28- 
29: Italy, 338(3); Persia, 493(39), 
494(41, 43, 46, 48), 495(57) ; Rou- 
mania, 428-431 ; Serbia, 559-563, 585 
(201). 

Knin (Hungary), 39(4). 

Knjashevatz (Serbia), 564(81). 

Koevar (Hungary), 35(4). 

Kragujevatz (Serbia), 564(81). 

Krasso (Hungary), 35(4). 

Kraszna (Hungary), 35(4). 

Krushevatz (Serbia), 564(81). 

Kuo-ming-tang, 105. 

Lagthing, Norwegian, 538 nl. 

Landes, Department of (France), 210(2). 

Landes - Gesetzblatt, Liechtensteinisches 
(cited), 382 nl. 

LanAesordnung (Austria), 18 nl. 

Landesprdsident (Austria), 18 nl. 

Landwehr (Germany), 233(59). 

Lauenburg (Germany), 219(1), 221(6). 

Lee, F. B., translation of Constitution of 
Belgium (cited), 44 nl. 

Legal tender: United States, 613(10). 

Legislation : Belgium, 47-48, 52-53, 58 
(85) ; Brazil, 64, 65(17) ; Bulgaria, 
88(9), 98(108), 104(167) ; Costa Rica, 
112(4), 123(59), 126(67) ; Cuba, 154 
(4), 154(12), 158(44); Egypt, 175- 
187; Prance, 208(l)-209(9) ; Ger- 
many, 219-221; Guatemala, 283(40); 
283(41. 44), 284(52), 286(56), 287 
(59, 62) ; Haiti, 298-304; Honduras, 
322-326; Hungary, 27; Italy, 338(3), 
341-345; Japan, 352(7), 354-356; 
Liberia, 362(14). .363-366, 371(6) ; 
Liechtenstein, 379(38) ; Luxemburg, 
397-400; Nicaragua, 438-445; Pan- 
ama, 458, 463,; 471-473, 477-478 ; 
Persia, 481, 482-490, 492(27), 497 
(90-93) ; Portugal, 503-508, 515(86) ; 
Roumania, 522(32), 524-528; Russia, 
538(7), 544(56)-547(77) ; San Ma- 
rino, 549(l)-552(42) ; Serbia, 559 



Legislation — Continued. 

(33-37) ; Turkey, 593-600, 604(117), 
605(121) ; United States, 611(8), 620 
(2), 622(5), 622(2) ; see also legis- 
lative body of each individual State. 
Leon (Nicaragua), 449(117). 
Leopold of Saxe-Coburg, 43. 
Leopold II (Hungary), Decretum of 1791, 

26 ni, 27 nl, n'Z. 
Leskovatz (Serbia), 564(81). 
Letters, secrecy of : Austria, 12(10) ; Brazil. 
80(18) ; Bulgaria, 95(77) ; China, 106 
(6) ; Cuba, 155(22) ; Greece, 265(20) ; 
Guatemala, 283(35) ; Haiti, 298(23) ; 
Honduras, 319(47), 322(75) ; Japan, 
353(26) ; Luxeml3urg, 395(28) ; Persia, 
492(22) ; Portugal, 502(28) ; Rou- 
mania, 521(25); Serbia, 557(23); 
Turkey, 605(119). 
Letters of marque: Nicaragua 447(15); 
Panama, 461(28) ; United States, 611 
(8). 
Liakhoflf, 481. 
Liberia: 359-374. 

Aborigines, 373(14). 

Ambassadors, 366(1), 368(5). 

American Colonization Society, 374(16). 

Arms, 361(12). 

Arrest, 366(11). 

Assembly, right of, 360(5). 

Attorney General, 366(1), 368(5). 

Bail, 361(10). 

Bassa County, 364(5). 

Cabinet, 366(1), 368(5). 

Census, 365(7). 

Chief Justice, 370(3). 

Citizenships, 373(13). 

Commonwealth of Liberia, 359. 

Constitution, may be altered, 374(17). 

Constitution of 26 July 1847, 359. 

Consuls, 366(1), 368(5). 

Coroners, 366(1), 368(5). 

Crime, 361(7). 

Domicile, 361(9). 

Duties, 362(16). 

Elections, 361(11). 

Equality before the law, 360(1). 

Estates, 373(11). 

Executive power vested in President, 
366(1) ; Vice-President, 367(2) ; Secre- 
tary of State, 367(3) ; Secretary of 
Treasury, 368(4) ; public officers, 368 
(5-6). 

Ex-presidents, 369(9). 

House of Representatives, see Legislature. 

Impeachments, 365(6), 367(1). 

Imports, 362(16). 

Ivory Coast, 359. 

Judges, 366(1), 368(5). 

Judiciary: 362(14), 369-370; adminis- 
tration of justice, 360(6). 

Justices of peace, 366(1), 368(5). 

Legislature: 362(14), 363-366; House of 
Representatives, 363(2) ; vacancies, 
364(3) ; officers, 364(4) ; Senate, 364 



657 



Liberia 



INDEX. 



lifberla — Continued. 

Legislature — Continued. 

(5) ; impeachments, 365(6) ; census, 
365(7) ; election, 365(8) ; functions, 
365-366 ; members, privileges, 366(11) ; 
meetings, 371(6). 

Liberty, 360(1), 361(8). 

Marshals, 366(1), 368(5). 

Military power, 361(12). 

Monrovia, 359 7iS. 

Montserrado County, 364(5). 

Native tribes, 374(15). 

Pardon, 367(1). 

Petition, right of, 360(5). 

President, 366(1) ; qualifications, 368 
(7) ; salary, 369(8) ; oath, 369(8) ; ex- 
presidents, 369(9) ; elections, 370(4-5). 

Press, freedom of, 362(15). 

Printing, 362(15). 

Prisoners, 363(20). 

Property, 360(1), 362(13), 373(10). 

Property rights, 373(10-11) ; see also 
Real estate. 

Public officers, 863(19), 368(5-6) ; to re- 
main until others are appointed, 370 
(2) ; oath, 372(7) ; elections, 372(8) ; 
removal from office, 368(6). 

Real estate, none but citizens can hold, 
373(12, 14). 

Religion, freedom of, 360(3). 

Senate, see Legislature. 

Sheriffs, 366(1), 368(5). 

Sinoe County, 364(5). 

Slavery, 360(4). 

Speech, freedom of, 362(15). 

Subsidy, 362(16). 

Supreme Court, 370(2). 

Vice-president, 367(2). 

Widow's share;, see Property rights. 
Libro del ciudadano cuhano. El, see Sedano 

y Agramante, J. R. 
liiechtenstein: 375-390. 

Arrests, 376(9-11). 

Associations, 377(18). 

Charles VI, 375. 

Citizens : rights and duties, 376-377 ; 
political rights, 376(5) ; military serv- 
ice, 377(21). 

Citizenship, 376(6). 

Complaint, right of, 377(19). 

Confederation, German, 377 nl. 

Confiscation, 377(16). 

Constitution, guarantee of, 389-390. 

Diet: 379-881; powers, 380(40) ; powers 
in conjunction with prince, 381(46- 
50) ; election of members, 382-386 ; 
functions, 386-888; Diet Committee, 
388-389; oath, 388(103). 

Diet Committee, 388-389. 

Domicile, 376(12). 

Ecclesiastical foundations, 381(51). 

Education, 381(51-54). 

Finance, 380(40,43), 381(46). 

Freedom of worship, 376(18). 

German Confederation, 377 nl. 



' I/lechtenstein — Continued. 

Government is hereditary, 376(3). 

Loans, 881(47). 

Migration, 376(4). 

Military affairs, 377(21), 380(40), 380 

(50). 
Pensions, 381(48). 
Petition, right of, 377(19). 
Political rights, 376(5). 
Prince: head of State, 375(2) ; author- 
ity and exercise of, 378-379. 
Religion: freedom of worship, 376(18); 

ecclesiastical foundations, 381(51). 
Rietbei-g, 375. 

Salaries and pensions, 381(48). 
Schellenberg, 375. 
Schools, 381(51-54).- 
State officers, oath, 390(124). 
Taxation, 380(40, 43). 
Troppau, 375. 
Vaduz, 375. 
Lieehtensteinisches Landes-0 e s e t zhlat t 

(cited), 382 nl. 
Limbourg (Belgium), 44(1). 
Lim6n (Nicaragua), 143(116). 
Lindsay, S. M., and L. S. Rowe, Supple- 
nvent to the Annals of the American 
Academy of Political and Social Sci- 
ences, November, 189^ (cited), 837 nS. 
Jiippe (Germany), 219(1), 221(6), 224 M. 
Liquors, see Intoxicating liquors. 
Literary degrees, see Degrees. 
Liturgical books, 840(28). 
Loans: Austria, 16(11) ; Austria-Hungary, 
5(3) ; Brazil, 68(2) ; Bulgaria, 98 
(105), 100(123) ; China, 107(19) 
Costa Rica, 130(7), 131(78) ; Cuba; 
161(59), 168(93), 170(105) ; Egypt 
179(18) ; Germany, 236(78) ; Guate 
mala, 286(6) ; Honduras, 825(29) 
828(17) ; Italy, 858(29) ; Liechten 
stein, 881(47); Luxemburg, 402(99) 
Montenegro, 416(98), 420(9) ; Nica 
ragua, 437(55), 442(15), 447(24) 
Panama, 465(6) ; Persia, 485(25) 
Portugal, 506(4) ; Russia, 546(76) 
see also Finance. 
Lodomeria (Austria-Hungary), 6(8), 14(1), 

15(6). 
Loir-et-Cher, Department of (France), 210 

(2). 
Loire, Department of (France), 210(2). 
Loire-Inf^rieure, Department of (France), 

210(2). 
Loiret, Department of (France), 210(2). 
Lombardy, 337 nl. 
London, 241(9). 

London, Treaty of, 261, 392 nS, 1,. 
London Conference of Ambassadors (1912), 

1. 
London Times (cited), 1 n2. 
Los Santos (Panama), 458(4). 
Lot, Department of (Prance), 210(2). 
' Lot-et-Garonne, Department of (France), 
210(2). 



658 



INDEX. 



Markets 



Louis XVIII (France), 191(6). 

Louis Napoleon Bonaparte, 192(9). 

Louisiana (U. S. A.), 621 nS. 

Lozdro, Department of (France), 210(2). 

Loznitza (Serbia), 564(81). 

Loubet's Award, 11 Sept. 1900, 113(5). 

Liibeck (Germany), 219(1), 221(6), 224 

ni, 236 nl. 
Lunacy: Portugal, 502(36). 
Luxemburg-: 44(1), 391-405. 

Adolphus, duke of Nassau, 391, 396 nl. 

Assembly, right of, 394(24). 

Associations, 395(26). 

Branding, 393(18). 

Caution money, 394(24). 

Censorship, 394(24). 

Chamber of Accounts, 403(105). 

Chamber of Deputies : 397-400 ; eligibil- 
ity, 397(52) ; term, 398(56) ; oath, 
398(57) ; meetings, 398(61) ; func- 
tions, 399(62-72) ; salary, 400(75). 

Chateau of Walferdange, 396(44). 

Citizens, 393-395. 

Civil deaths, 393(18). 

Civil list, 396(43). 

Civil marriage. 394(21). 

Civil offices, 395(35). 

Coinage, 396(39). 

Communes, 403(107), 404(108). 

Congress of Vienna. 391. 

Constitution: revision of, 404(114) ; sup- 
plementary provisions, 405(116-121). 

Constitution of 17 Oct. 1869, 392-405. 

Death penalt.v, 393(18). 

Domicile, 393(15). 

Education, 394(23). 

Electoral Code, 397 nS. 

Equality before law, 393(11). 

Erbvercin, Nassauischer, 392 w4. 

Familienstatut, 391. 

Finance: 402-403. 

Foreigners, 404(111). 

French language, 395(29). 

German Confederation, 391. 

German language, 395(29). 

Government, bureaux of the, 400 nl. 

Government House, 396(44). 

Government of ^he Grand Duchy, 400- 
401. 

Grand Duke: 392(4)-S93(8) ; oath, 392 
(5) ; regent, 393(8) ; prerogatives of, 
395-396; civil list. 396(43) ; appoints 
members of government, 400(77) ; 
regulates organization of government, 
400(76). 

Hague, The, 400 nS. 

Impost, 402(99). 

Judiciary : justice, administration of, 
397(49), 401(84-89) ; justices of the 
peace, 401(90) ; judges and counselors, 
401 (90-91, 93) ; salaries, 401(92) ; 
special tribunals, 402(94-95) ; Su- 
perior Court of Justice, 401(87), nl, 
402(95). 



liUxeinbnri? — Continued. 

Legislature, 396-397 ; see also Chamber 

of Deputies. 
Letters, secrecy of, 395(28). 
Loans, 402(99). 
Luxemburg (City), 404(109). 
Marriage, 394(21). 
Military affairs, 395(35), 396(37), 402 

(94, 96-98). 
Ministers of religion, salaries of, 403 

(106). 
Nassau, House of, 392 ni. 
Nassau Family Pact, 391. 
Nassau is oher Erhrerein, 392 ni. 
Naturalization, 393(10). 
Netherlands, 391, 392 ?i.5, 400 nS. 
Nobility, titles of, 396(40). 
North German Confederation, 391. 
Nuptial benediction, 394(21). 
Orange-Nassau, 392 ni. 
Orange-Nassau, House of, 392 n5. 
Pension, 403(103). 
Person, liberty of, 393(12). 
Petition, right of, 395(27). 
Property rights, 393(16-17). 
Public force, see Military affairs. 
Public officials, oath, 404(110). 
Religion: freedom of, 394(19); salaries 

of ministers, 403(106). 
Sovereign power. 395(32). 
Speech, liberty of, 394(24). 
State, Council of, 398 nS, 400 n2. 
Superior Court of Justice, 401(87). 
Territory of the Grand Duchy, 392(1-2). 
Titles of nobility, 396(40). 
Treaties, 396(37). 
Treaty of London, 391, 392 nS, ni. 
Treaty of Vienna, 392 w}. 
Walferdange, chateau of, 396(44). 
William, Grand Duke, 396 nl. 
William III, 391. 

MacMahon, Marshal de, 194 n5. 

Magna Charta, compared with Bulla Aurea, 
25 ; see this title also under Great 
Britain. 

Magnates (Hungary), 38(1), 40(5-10). 

Maine (U. S. A.), 621 n2. 

Maine-et-Loire, Depai-tment of (France), 
210(2). 

Mallory, W. M., Treaties, Conventions, In- 
ternational Acts, Protocols, and Agree- 
ments lietween the United States of 
America and other Powers (cited), 151 
nl, nS. 

Managua (Nicaragua), 431. 

Manche, Department of (France), 210(2). 

Mancini Law, The, 343 nS. 

Map of Europe by Treaty, see Hertslet, E. 

Maranhao (Brazil), 66 nS. 

Marine and navigation, see Navigation. 

Maritime jurisdiction : United States, 615 
(2). 

Markaz (Egypt), 187(44). 

Markets: Egypt, 184(38). 



659 



Marne 



INDEX. 



Marne, Department of (Fi-ance), 210(2). 

Marriage: Costa Rica, 138(14); Luxem- 
burg, 394(21) ; see also Civil marriage. 

Martens, Nouveau Recueil (cited), 43 nl; 
Recueil de Traites (cited), 392 ni. 

Martial law : Nicaragua, 454(159) ; see also 
Military affairs. 

Martinique, 210(2). 

Martinsberg (Flungary), 39(4). 

Maryland (U. S. A.), 607 nl, 608(2). 

Massachusetts (U. S. A.), 607 nl, 621 n2, 
608(2). 

Matto Grosso (Brazil), 66 n3. 

Mayenne, Department of (France), 210(2). 

Mayors: Panama, 475(132), 478(5). 

Measures, see Weights and measures. 

Mecklenburg-Schwerin (Germany), 219(1), 
221(6), 224 n4. 

Mecklenburg-Strelitz (Germany), 219(1), 
221(6), 224 n4. 

Medical matters, see Health, public. 

Medical profession, see Physicians. 

Meetings, see Assembly. 

Mehedintsi (Roumania), 525(62). 

Mejlis (National Council of Persia), 481. 

Menoufieh (Egypt), 177(3). 

Mensaje del Presidente (Honduras) (cited), 
315 nS. 

Metropolitan (Parish, San Marino), 550(9). 

Meurthe-et-Moselle, Department of 
(France), 210(2). 

Meuse, Department of (France), 210(2). 

Michigan (U. S. A.), 621 n2. 

Migration: China, 160(6); Costa Rica, 
117(32) ; Cuba, 155(29) ; Germany, 
220(4) ; Japan, 353(22) ; Liechten- 
stein, 376(4) ; Panama, 460(21) ; Rus- 
sia, 541(34) ; Serbia, 556(14). 

Milan I (Serbia), 561 nl. 

Milanovatz (Serbia), 564(81). 

Military affairs: Austria, 16(11), 24(5); 
Austria-Hungary, 4(1), 4(2) ; Bel- 
gium, 55(105) ; Brazil, 65(23), 68(20), 
72(48), 78(70), 81(76), 82(87) ; Bul- 
garia, 89(11), 94(71), 94(73), 
98(102) ; China, 106(14), 109 
(34) ; Costa Rica, 114(12), 116(25), 
129(7), 130(9), 136(92), 137(99) ; 
Cuba, 162(11), 165(17) ; 167(90), 173 
(1), 174(4) ; Finland, 538 nl; Fi-ance, 
193(3) ; Germany, 221(14), 222(8), 
232-235; Greece, 264(14), 266(32), 
270(60), 271(71), 276(97), 277(106) ; 
Guatemala, 281(22), 284(50), 286(14), 
290(11) ; Haiti, 311(118) ; Honduras, 
323-325, 328, 332; Italy, 341(33), 
346(76) ; Japan, 352(11-13), 353(20) ; 
Liberia, 361(12) ; Liechtenstein, 377 
(71), 380(40, 50) ; Luxemburg, 395 
(35), 396(37), 402(94-98) ; Monte- 
negro, 408(9), 420(122-127), 427(215) ; 
Nicaragua, 442(9, 22), 446(13), 447 
(14), 448(30-31), 452(140-143) ; Pan- 
ama, 460(22), 465(11), 468(19), 475 
(122-127), 480(14) ; Persia, 494 



Military affairs — Continued. 

(47-50), 497(87), 498(104-107) ; Por- 
tugal, 513(68, 75) ; Roumania, 530 
(93), 534(118-122), 535(131) ; Russia, 
538 nl, 539(14), 541(28), 543(54), 547 
(77) ; Serbia, 559(46), 583(194)-584 
(199) ; Turkey, 598(12), 604(113) ; 
United States, 611(8). 

Militia: United States, 611(8), 618(2). 

Minas Geraes (Brazil), 66 nS. 

Mines: Greece, 265(17); Montenegro, 423 
(166) ; Nicaragua, 444(79) ; Serbia, 580 
(175). 

Minieh (Egypt), 177(3). 

Ministro de Oobernaeion (Costa Rica), 135 
(91). 

Minnesota (U. S. A.), 621 n2. 

Minors : Costa Rica, 138(13). 

Misdemeanor: United States, 615(4). 

Mississippi (U. S. A.), 621 nS. 

Missouri (U. S. A.), 621 n^. 

Mobilization, see Military affairs. 

Modern Constitutions, by W. F. Dodd, see 
Dodd, W. F. 

Mohacs (Hungary), 25. 

Mohammed All, Crown Prince or Valiahd, 
489 nl. 

Mohammed Ali Shah Kajar, 481, 493(36). 

Mohammedans, 540 nl. 

Moldavia, 517. 

Monastic Orders: Brazil, 78(70); Hondu- 
ras, 320(58). 

Mongolia, 106(3), 107(18). 

Moniteur, Le (Belgium), 46 nl. 

Moniteur, Le, Journal offlciel de la R^puh- 
lique d'Haiti, 295 nh, 304(66), 313 
(128). 

Monopolies: Honduras, 320(59); Monte- 
negro, 423(165) ; Nicaragua, 438(51) ; 
Panama, 462(38), 477(146) ; Persia, 
485(24) ; Serbia, 580(176). 

Monrovia (Liberia), 359 w2. 

Montana (U. S. A.), 621 nZ. 

Montegiardino (Parish, San Marino), 550 

(9). 
MontenesTo: 407-429, 553(4). 

Amnesty, 408(12). 

Antivari, Archbishop of, 421(129). 

Army, 408(9). 

Assembly, National, 408 nl. 

Assembly, right of, 427(213). 

Cabinet, 418-419. 

Catholic Church, 421(129). 

Censorship, 427(210). 

Citizens : 426-427 ; equality before law, 
426(196) ; domicile, 426(204) ; prop- 
erty rights, 426 (205) -427 (207) ; per- 
sonal rights and liberties, 427(208- 
214) ; renunciation of nationality, 427 
(215) ; foreigners, 427(216) ; extradi- 
tion, 427(217) ; electoral rights, 412 
(48-53). 

Civil list, 411(35). 

Coat of arms, 411(38). 

Coinage, 408(10). 

Colors, national, 411(39). 



660 



INDEX. 



Naturalizatiou 



Montenegro — Continued. 

Communes: 424(1761-425(189); admin- 
istration, 425(177) ; juridical persons, 
425(187-189). 

Concessions, 423(167). 

Constitution : can not be suspended, 427 
(218) ; moditication, competion, or In- 
tei-pretation, 427(219) — 428(221). 

Control General of State, 424 (170-175). 

Council of State: 428(4); composition, 
419(118) ; functions, 419(120). 

Danilo, Prince, 429(3). 

Decorations and titles, 408(9). 

Domicile, 426(204). 

Ea.stern Orthodox Church, 411(40), 421 
(129-137). 

Education, 421 (138) -422 (140). 

Episcopal Synod (Eastern Orthodox 
Church), 421(129, 131). 
■ Extradition, 427(217). 

Finance: 423 (155-162) ; loans, 416(93), 
420(9). 

Foreigners, 427(216). 

Government, form of, 408(1). 

Heir apparent, 408(15). 

Hospodar, the Prince, see Prince Hospo- 
dar. 

Judiciary, 422 (142-154). 

Kingdom proclaimed, 429(1). 

Law of 28 Aug. 1910, 429(1-5). 

Loans, 416(93), 420(9). 

Metropolitan, 421(129). 

Military affairs, 408(9), 420(122-127), 
427(215). 

Ministers, 418-419. 

Mines, 423(166). 

Monopoly, right of belongs to the State, 
423(165). 

Mufti (Montenegrin), 421(129). 

National representation, see Skupshtina. 

Nicholas I, Petrovitch Ni^gosch, 407(1), 
409(18), 429(2). 

Ecumenical Eastern Orthodox Church, 
see Ea.stern Orthodox Church. 

Pardon, 408(13). 

Press, freedom of, 427(210). 

Prince Hospodar: 408(2)-411(35) ; pre- 
rogatives, 408(2-13) ; duties, 408 
(14)-410(22) ; succession, 410(23)-41 
(34) ; majority, 409(20) ; oath, 410 
(22) ; regency, 410(24)-411(34) ; 
civil list, 411(35). 

Proclamation of 18/31 Oct. 1905, 407. 

Property of State, see State Property. 

Property rights, 426(205-206). 

Proselytism, 421(136). 

Public service, 42.')(190)-426(195). 

Reigning House, 409(18). 

Religion: freedom of, 420(128); rela- 
tion of religious bodies to State, 411 
(40), 421(129-137). 

Service of State, see Public service. 

Skupshtina: 409(17): convocation, 412 
(42) ; elections, 412(43) ; candidates, 



MonteneRTO — Continued. 
Skupshtina — Continued. 

413(54-60) ; sessions, 413(61) ; oath, 
413(63) ; competence and functions, 
414-417. 
Speech, freedom of, 427(209). 
State Church, 411(40), 420(128)-421 

(137). 
State property: 423(163)-424(169) ; dis- 
tinct from private property of Prince 
Hospodar, 424(169). 
Succession, 410(23)-411(34). 
Supreme tribunal, 428(5). 
Territory, alienation of, 411(36). 
Treaty of Berlin, 407. 

Montepios, 443(26). 

Montserrado County (Liberia), 364(5). 

Moodir (Egypt), 183(35), 184(2), 189(49). 

Moo'ilirieh (Egypt), 176(2), 182(35), 183 
(37). 

Morals: Nicaragua, 432(5). 

Moravia (Austrja-IIungary), 6(8), 14(1), 
15(6). 

Morbihan, Department of (France), 210(2). 

Moreau, F., et J. Delpech, Les Replements 
des Assetnhlees legislatives (cited), 9 
nl, 20 ti3, 33 nl, 48 nl. 

Mort civile (Belgium), 45(13), n2j see also 
Civil death. 

Moscow, 544 nt. 

Mozaffer ed-Din, Shah (Persia), 489 nl. 

M'pret (Albania), 1. 

Mufti, 421(129). 

Mujtahids (Persia), 490. 

Municipalities: Brazil, 77(68) ; Costa Rica, 
122(55). 143-146; Cuba, 161(59), 170- 
171 ; Egypt, 177(3) ; Greece, 277(105) ; 
Guatemala, 292(97) ; Honduras, 33.3- 
334; Nicaragua, 453(145-153); Pan- 
ama, 458(4), 466(24), 475(131-132), 
478(5), 479(12) ; Serbia, 578(162- 
163) ; Turkey, 604(112). 

Mushir-ed-Dowleh, Grand Vizier (Persia), 
489 nl. 

Mussulman faith (Turkey), 590(4), 591 
(11). 

Mustantik (Turkey), 605(119). 

Muvclla (Turkey), 601(89). 

Namur (Belgium), 44(1). 

Nanking (China), 105. 

Napoleon I, 191(4), 217, 337. 

Napoleon Bonaparte, Louis, 192(9). 

Nassau Family, Pact of, 391 «-5. 

Nassau, House of, 392 n^. 

National territory, see Territory. 

Nationality: Cuba, 154(4), 172(2); Haiti, 
296(3) ; Nicaragua, 432(6)-433(ll). 

Natives: Liberia, 373(14) ; Nicaragua, 448 
(38). 

Naturalization: Belgium, 44(5); Brazil, 
69(24) ; Bulgaria, 93(56) ; Costa Rica,' 
119(40) ; Cuba, 162(9) ; Honduras, 
325(37), 329(22) ; Luxemburg, 393 



661 



Naturalization 



IISTDEX. 



Naturalization — Continued. 

(10) ; Nicaragua, 432(7, 9), 433(3, 4), 
447(16) ; Serbia, 575(9) ; United 
States, 611(8), 621(1). 

Naval affairs: Austria-Hungary, 4(1, 2); 
Brazil, 72(48), 81(76-77), 82(85), 83 
(87) ; China, 108(82) ; Cuba, 162(11), 
165(17), 174(7); Germany, 221(14); 
Italy, 341(33) ; Japan, 346 nl, 352 

(11) ; Nicaragua, 442(19) ; Russia, 
539(14), 543(54-55), 547(77); 
United States, 611(8), 615(2). 

Navigation: Austria, 17(11); Austria- 
Hungary, 4(1) ; Brazil, 72(48), 81 
(76), 82(85) ; China, 108(32) ; Ger- 
many, 220(7), 222(8), 231-232 ; Japan, 
346 nl; Nicaragua, 447(24), 450(123) ; 
Panama, 460(22). 
Nawrfiz (Persian New Year's Day), 485 nl. 
Neapolitan Provinces, 337 nl. 
Nebraska (U. S. A.), 621 n2. 
Negotin (Turkey), 564(81). 
Netherlands, 391, 392 n5, 400 nS. 
Neuwied, 1. 

Nevada (U. S. A.), 621 n2. 
New Hampshire (U. S. A.), 608(2), 621 n2. 
New Jersey (U. S. A.), 608(2), 621 n2. 
New Mexico (U. S. A.), 621 n2. 
New York (U. S. A.), 608(2), 621 n2. 
New York State Constitutional Convention, 
1894, The Convention Manual (cited), 
44 nl, 61 nl, 62 nl, n6, 193 nl, 218 n6. 
Nicaragua: 113(5), 431-455. 
Academic degrees, 443(86). 
Admission to country, denial of, 434 

(17). 
Agriculture, 442(6). 

Alienation of national property, 442(14). 
Amnesty, 441(85), 446(111). 
Amparo, see Law of asylum. 
Army, 452(140-143). 
Arrest, 435(26). 
Assembly, freedom of, 437(48). 
Asylum, 433(12). 
Atlantic Ocean, 431(1). 
Authors, 437(59), 441(85). 
Banks, 443(26). 

Bills (presented to Houses), 443-445. 
Blueflelds, 449(117). 
Budget, 451(132), 452(139). 
Catholic, Apostolic, and Roman religion, 

432(5). 
Census, 448(36). 
Central America, 433(10). 
Central American Republics, 432(2). 
Central American Union, 431. 
Charity, see Department of Charity. 
Citizens : 434(18-22) ; rights and guaran- 
tees, 434(23)-438(64) ; see also Nica- 
raguans. 
Civil Code, 444(99). 
Civil rights, 433(13). 
Coat of Arms, 443(27). 
Code of- Commerce, 444(79). 
Code of Procedure, 444(99). 



Nicarag^ua, — Continued. 

Coinage, 442(17). 

Colonization, 447(24). 

Commerce, 442(7). 

Common law, 433(16). 

Compacts, 432(2). 

Confiscations, 437(46). 

Congress: sessions, 438(66-68) ; election 
of deputies, 438(69), 439(71) ; election 
of senators, 438(70), 439(71) ; cau- 
cases, 439(72) ; sessions, 439(72-73) ; 
quorum, 439(73) ; terms of members, 
439(74-75) ; eligibility to membership 
in, 439(76-78) ; prerogatives and obli- 
gations of members, 439(79)-440(82) ; 
rights common to both houses, 440 
(83) ; attributes of in joint sessions 
of both houses, 440(84) ; sessions, 440 
(84), 441(85) ; attributes of in sepa- 
rate sessions, 441(85)-445(100) . 

Constituent Assembly of Managua of 10 
December 1893, 431. 

Constitution: reform of, 454(16)-455 
(164) ; effectiveness and validity, 455 
(165-172) ; Federal State of 8 April 
1826, 431 ; of 1858, 431 ; of 10 De- 
cember 1893, 431 ; sixth, of 30 March 
1905, 431 ; present Constitution, 431. 

Constituent Assembly, National, 455 nl. 

Constitutive Laws: 454(159) ; reform of, 
454(160)-455(164). 

Consuls, 446(11). 

Contractors, 449(115). 

Contracts, 443(25), 447(24). 

Correspondence, privacy of, 436(41—42). 

Costa Rica, 431(1). 

Court clerks, 450(123). 

Court of Accounts, 452(138). 

Court of Appeal, 449(117). 

Custom-houses, 442(16). 

Death penalty, 434(24), 448(39). 

Debt, imprisonment for, 437(47). 

Debtors, 449(115). 

Department of Charity and Public In- 
struction, 443(87). 

Department of the Interior, 443(87). 

Department of Police, 443(87). 

Departments, 452(144). 

Designates, 445(106). 

Diplomatic affairs, 433(15). ■ 

Diplomatic ministers, 446(11). 

Domicile, 433(10), 436(38). 

Education, 432(6). 

Elections, 438(69). 

Entails, 437(49). 

Executive power : in whom vested, 445 
(101) : president, 445(101)-448(113) ; 
Vice-President, 445(101-106) ; desig- 
nates to hold, 445(101-102, 107) ; du- 
ties and attributions, 446(109)-448 
(113) ; ministers or secretaries of 
State, 446(110), 448(114)-449(116). 

Expenditures, public, 442(10). 

Expulsion, 434(17). 

Extradition, 433(16). 



602 



INDEX. 



Nicaragua 



Nicaragua — Continued. 

Federal State Constitution of 8 April 

1826, 431. 
Finance, 451(132)-452(139). 

Flag, 443(27). 

Foreign counlries, 433(10). 

Foreign relations, 446(11), 442(20). 

Foreigners, 432(3), 433(3, 4), 433(10), 
433(12)-434(17), 433(13-16); see 
also Inhabitants ; Nicaraguans. 

Freedom of thought, 436(43). 

Gracias a Dios, Cape, 438(69). 

Granada, 449(117). 

Government, 431(1), 432(4). 

Habeas corpus, 435(25). 

Honduras, 431(1). 

Honors, 441(85). 

Immigration, 433(12)-439(17). 

Imprisonment, 435(30). 

Indemnities from the'State, 433(14). 

Independence, 431, 432(2). 

Industries, 442(6). 

Inhabitants : rights and guarantees, 434 
(23)-438(64). 

Integrity of nation, 432(2). 

Inventors, 437(59), 441(85). 

Judiciary: composition, 449(117) ; courts 
of appeal, 449(117) ; magistrates or 
judges, 449(117) ; supreme court of 
Justice, 449(117) ; magistrates or 
judges, 449(119) ; administration of 
justice, 433(15), 450(120)-451(129) ; 
court of accounts, 450(123) ; supreme 
court of Justice, 450(123-124) ; mem- 
bers of courts of justice, 451(127) ; 
magistrates or judges, 451(130-131). 

Law of asylum, 454(159). 

Law of Guarantees, 455(165). 

Lawyers, 450(123). 

Legislative power, 438(65) ; see also Con- 
gress ; Senate ; Chamber of Deputies. 

Leon, 449(117). 

Letters of marque, 447(15). 

Literary degrees, 443(86). 

Loans, 437(55), 442(15), 447(24). 

Magistrates, 437(51), 449(117). 

Magistrates of courts of justice, 439(78). 

Managua, 431. 

Maritime prizes, 450(123). 

Martial law, 454(159). 

Measures, 442(17). 

Military affairs, 447(14), 447(26), 448 
(30-31), 452(140-143). 

Military forces, 442(9). 

Military grades, 442(22), 446(13). 

Mining Code. 444(79). 

Ministers^ see Secretaries of State. 

Ministers' of the Interior, 445 (107). 

Monopolies, 438(61). 

Montepios, 443(26). 

Morals, 432(5). 

Municipalities, 453(145-153). 

National debt. 442(15). 

Nationality: forfeiture 433(10). 

Nationals, 4.32(6)-4.33(ll). 



Nicaragua — Continued. 

Native Nicaraguans, 432(7-8). 
Natives, uncivilized, 448(38). 
Naturalization, 432(7, 9), 433(3-4), 447 

(16). 
Naval forces, 442(19). 
Navigation, 447(24). 
Nicaraguans: 432(6)-433(ll) ; rights 
and guarantees, 434(23)-438(64) ; see 
also Citizens. 
Notaries, 450(123). 
OflSces in foreign countries, 443(28). 
Pacific Ocean, 431(1). 
Pardon 442(23), 446(111). 
Patents, 447(28). 
Peace, 442(18), 447(25). 
Penal Code, 444(99). 
Pensions, 441(85). 
Personal liberty, 434(24). 
Petition, right of, 437(50). 
Physicians, 450(123). 
Police, see Department of Police. 
Ports, 442(16), 448(34). 
Press law, 454(159). 
Primary education, 432(6). 
Prizes, 443(24). 
Professional instruction, 432(6). 
Property, 437(57). 

Public instruction, 447(18) ; see also De- 
partment of Charity and Public In- 
struction. 
Public officials, 432(2), 453 (154) -454 

(158). 
Public order, 432(2). 
Refugees from abroad, 433(12). 
Registrars of property, 450(123). 
Rehabilitation, 448(32). 
Religion: 432(5); Catholic, 432(5); 

freedom of, 432(5). 
Reprisal, 447(15). 
Revenues, 446(12). 
Safety and defense, 441(95). 
San Juan del Norte, 438(69). 
Secretaries of State: 446(111); qualifi- 
cations, 448(114)-449(115) ; preroga- 
tives and obligations, 449(116). 
Senate, 438(65) ; see also Congress. 
Siege, state of, 438(62), 442(21), 447 

(16). 
Sovereignty of the State, 431(1), 432(2). 
Spanish-Americans, 433(3). 
State: form of government, 432(4) ; sov- 
ereignty, 431(1), 432(2) ; organic com- 
position, 431(l)-432(3). 
Supreme Court of Justice, 449(117). 
Taxes, 443(13), 437(55), 442(13). 
Torture, 435(35). 
Trade-mark, 437(59). 
Treasurer General, 451(137). 
Treaties, 432(2), 433(11,16), 442(7), 

446(10), 454(162). 
Tribunals, 450(122). 
Troops, foreign, 442(20). 
Walker, William, 431. 
War, 442(18), 447(25). 



663 



Nicaragua 



INDEX. 



IVicarasna — Continued. 

Weights, 442(17). 

Whipping, 435(35). 

Women, 432(9), 433(10). 
Nice, 345 nl. 

Nicholas I, Petrovitch Ni^gosch (Montene- 
gro), 407(1), 409(18), 429(2). 
Nifevre, Department of (France), 210(2). 
Nile, 186(41). 
Nish, 564(81). 
Nizam (Turkey), 601(87). 
Nobility: Austria, 14(2,3); Belgium, 52 
(75) ; Bulgaria, 93(58) ; France, 191 

(7) ; Italy, 339(19), 342(34), 346(78- 
80) ; Japan, 353(15) ; Luxemburg, 396 
(40) ; Montenegro, 408(9) ; Portugal, 
500(3) ; Russia, 539(19) ; Serbia, 555 

(8) ; Turkey, 590(7) ; United States, 
612(9). 

Non-Christians, 540 nl. 

Nord, Department of (France), 210(2). 

North Carolina (U. S. A.), 608(2), 621 ii2. 

North China, 105. 

North Dakota (U. S. A.), 621 «3. 

North German Confederation, 217, 231 nS, 

391 ; see also German Confederation. 
Norwegian Lagthing, 538 ni. 
Nouveau Recueil, by Martens, see Martens. 

Oath, official: Belgium, 58(127) ; Bulgaria, 
100(131) ; Costa Rica, 114(11) ; Cuba, 
163(67) ; Egypt, 177(3) ; Greece, 264 
(15), 267(43), 270(64) ; Haiti, 312 
(120) ; Liechtenstein, 890(124) ; Rou- 
mania, 534(125) ; Serbia, 561(60), 568 
(106) ; United States, 609(3), 613(1), 
617(6). 

Obrenovitch, dynasty of ^Serbia), 561 nl. 

Occupation, freedom of: Austria, 13(18); 
Cuba, 156(31) : Nicaragua, 442(6) ; 
Panama, 461(29), 478(3). 

OEcumenical Eastern Orthodox Church, 
see Eastern Orthodox Church. 

Official Almanac (Turkey) (cited), 590 n2. 

Official Gazette (Greece), 278(110). 

Official Gazette (Turkey) (cited), 590 n2. 

Official Journal (Brazil) (cited), 83 nl, 88 
nt. 

Official Journal (Egypt), 190(55). 

Official Journal (Serbia), 586(202). 

Officials, public, see Public officials and em- 
ployees. 

Ohio (U. S. A.), 621 n2. 

Oise, Department of (France), 210(2). 

Oklahoma (U. S. A.), 621 n2. 

Okritg (Serbia), 557(5). 

Oldenburg (Germany), 219(1), 221(6), 224 
nJf. 

Opisso, Antonio M. (translator). 111 nS, 
315 n5, 431 n6, 477 nl. 

Opshtina (Serbia), 555(5). 

Orange-Nassau, 392 nJf. 

Orange-Nassau, House of, 392 nS. 

Order, public, see Public order and safety. 



Order of the Torre and Espada (Portugal^, 

513(75). 
Orders, see Decorations. 
Ordu mushiri (Turkey), 598(62). 
Oregon (U. S. A.), 621 n^. 
Orne, Department of (France), 210(2). 
Orphans: Serbia, 582(188); Turkey, 603 

(111). 
Orthodox Church, see Eastern Orthodox 

Church. 
Osman, House of (Turkey), 590(3). 
Otto (Bavaria), 261. 
Ottoman Empire, -87, 175. 
Ottomans, 591(8-9). 
Outer Mongolia, 106(8), 107(18). 
Overt act: United States, 616(3). 

Pacific Ocean, 431(1). 
Padishah, 589. 

Palace of the Luxemburg (France), 209(2). 
Palais-Bourbon (France), 209(1). 
Palatin, office of, 28 »i5. 
Pan-American Union : Bulletin on Cuba, by 
Gonzalo de Quesada (cited), 155 nl. 

Panama: 113(5). 457-480. 
Amnesty, 465(17). 
Appropriations, 466(20), 480(13). 
Arms and ammunition, 475(127). 
Army, 465(11), 475(124). 
Arrests, 460(23). 
Arts, 465(13). 
Assembly, National, 474 nl. 
Assembly, right of, 460(20). 
Attorney General, 466(66), 468(17), 477 

(2). 
Authors, 462(40). 
Beneficial enterprises, 465(15). 
Board of Health, National, 468(16). 
Bocas del Toro, 458(4). 
Boundaries, 458(4), 466(24), 467(7). 
Budget, 468(8). 
Cabinet Council, see Departments of 

State. 
Captains of vessels, 460(22). 
Censorship, 461(27). 
Census, 465(16). 
Charity, 461(34). 
Chiriqui, 458(4). 

Citizens: duties, 459(8); individual 
rights, 459(15) ; equal before law, 459 
(16) ; suffrage, 463(49). 
Citizenship: requirements, 458(1); for- 
eigners, 458(3), 459(9) ; loss of citi- 
zenship. 459(7) ; recovery of citizen- 
ship, 459(7) ; naturalization, 459(10) ; 
suspension of citizenship, 459(14). 
Coat of arms, 465(65). 
Code. 458(4). 
Coinage, 466(23). 
Colombia, 457 n2. 
Colon, 458(4). 
Commerce, 460(22), 468(3). 
Confiscation, 462(44). 



664 



INDEX. 



FanaiuaEi 



Panama — Continued. 

Constitution : amendments, 476(137) ; 
Legislative Act of 14 March 1917 
amending Constitution, 477-480. 

Contracts, 461(30), 465(65), 468(10). 

Corporations, 460(18). 

(Correspondence, 461(28). 

Court of Accounts, 467(5). 

Credit, 465(18). 

Criminal proceedings, 460(25), 471(95). 

Death penalty, 477(1). 

Departments of State: 470(84-89); 
duties, 470(87) ; Cabinet Council, 470 
(89). 

Deputies, election, 480(15). 

Desifjnados, see Designates. 

Designates: 466(67); requirements, 470 
(80). 

Diplomatic relations, 468(3). 

Domicile, 460(23). 

Donations, 461(34). 

Duties, 462(41). 

Education, 461(34), 465(13), 468(14), 
476(133). 

Electoral districts, 465(9). 

Entailment, 462(39). 

Equality before law, 459(16). 

Executive power, vested in President, 
467(69). 

Expropriation, 461(33). 

Finance: 465 (6 l, 466(19,21), 468(8-9), 
480 (IS) : National Treasury, 473^74. 

Flag, 465(65). 

Foreign war vessels, 467(11). 

Foreigners, 458(3), 459(9). 

Gaceta 0/icial. 477(148). 

<;ames of chance, 462(37). 

(Jovernors, 468(73), 475(128), 478(5). 

Grana<la Constitution of 1853, 458(3). 

Cratuities. 467(1). 

(Juilds, 461(29). 

Health, National Board of, 468(16). 

Imports, 466(2). 

Indemnities, 467(1). 

Interoceanic Canal, 476(138). 

Industries, 461(29). 

Inventions, 468(11). 

Inventors, 462(40). 

.ludiciary : court.';, 460(22). 478(8); At- 
torney General, 466(66), 468(17), 477 
(2) ; magistrates, 468(17), 471(92), 
478(6,8); Supreme Court, 471(90), 
478(8) ; criminal cases, 460(25), 471 
(95) ; salaries, 471(97) ; laws, 471 
(98) ; public prosecution, 473(110- 
114). ^ 

I^aws : 471—473 ; originate in National 
Assembly, 471(98) ; formulation of, 
472(99-106) ; promulgation, 473(107- 
109). 

Legislative .\ct of 14 March 1917, 477- 
480. 

Legislative power, see National Assembly. 

Loans, 465(6). 

Los Santos, 458(4). 



Panama — Continued. 

Magistrates, 468(17), 471(92), 478(6,8) ; 
see also Judiciary. 

Mayors, 475(1.32), 478(5). 

Medical profession, 461(29). 

Migration, 460(21). 

Military affairs, 460(22), 465(11), 468 
(19)-469(20), 475(122-127), 480(14); 

Monopolies, 462(38), 477(146). 

Municipal deputies, 479(12). 

Municipalities, 458(4), 466(24), 475- 
(131-132), 478(5), 479(12). 

Nation, 457(1) ; sovereignty resides in, 
458(2). 

National Assembly : 458, 463, 477, 478'; 
composition, 463(53) ; sessions, 463 
(54) ; duration of session, 463(55) ; 
deputies, 464(56) ; salaries, 464(61) ; 
legislative functions, 465(65) ; judi- 
cial functions, 466(66) ; executive 
functions, 466(67) ; first meeting, 477' 
(144). 

National Board of Health, 468(16). 

National debt, 466(19). 

National Treasury. 473-474. 

Nationality, sec Citizenship. 

Naturalization, see Citizens and citizen- 
ship. 

Occupations, 478(3). 

Panama (province), 458(4). 

Panama Canal, 457. 

Pardon, 468(18). 

Patents, 468(11). 

Peace, 465(7). 

Pensions, 467(1). 

Person, protection of, 459(15). 

Petition, right of, 460(17). 

Police, 465(12). 

President: charges against, 466(25); 
impeachment, 466(66) ; resignation, 
466(67) ; eligibility, 467(70) ; oath, 
467(71) : attributions, 468(73) ; mes- 
sage, 468(5) ; leave of absence, 467 
(10), 469(75) ; salary, 469(77) ; re- 
moval from otBce, 469(78) ; re-elec- 
tion, 470(82), 479(9) ; term, 478(7) ; 
vacancies, 479(9); election, 463(49), 
476(140), 478(4) ; elects municipal 
deputies, 479(12). 

Press, 461(27). 

Prisons, 462(45). 

Professions, 461(29). 

Property, 462(42), 465(6), 466(22). 

Prosecution, public, see Judiciary. 

Provinces: 458(4), 466(24); 475(128- 
132) ; governors, 475(128) ; municipal 
councils, 475(131) ; mayors, 475(132). 

Public buildings, 465(14). 

Public credit, 465(18). 

Public forces, 469(20), 475(122-127). 

Public lands, 465(10). 

Public offices, 465(65). 

Public order, 461(26), 468(2). 

Public power, 463(51). 

Public prosecution, see Judiciary. 



88381—19- 



-43 



(!(j.l 



Panama 



INDEX. 



Panama — Continued. 

Eeligion : 460 (26 j ; buildings for wor- 
sliip tax-free, 462(43) ; ministers of, 
476(135). 
Hevenues, 466(21), 468(9). 
Sanitary regulations, 468(16). 
Sciences, 465(13). 
Secretaries of State, 468(73). 
Secretary of State, 466(25). 
Slavery, 460(19). 
Sovereignty, 458(2). 
:Speech, freedom of, 461(27). 
Suffrage, 463(49). 
Taxes, 462(41-43), 466(21). 
Territory: 457(1), 458(3); boundaries, 
458(4) ; provinces, 458(4) ; belongs to 
nation, 458(5). 
Trade, freedom of, 461(29). 
Treason, 469(78). 
Treasury, see National Treasury. 
Treaties, 465(6). 

United States of America, 476(136). 
Teraguas, 458(4). 
Vice-President, see President. 
War, 465(7). 
Weights, 466(23). 
Tanama (province), 458(4). 
Panama Canal, 457. 
Pannonhalma (Hungary), 39(4). 
Papal decrees, ecclesiastical ordinances and 

orders, 339 n2. 
Papal States, 337. 

Papers Relating to the Foreign Relations of 
the United States, 1896 (Washington, 
1897) (cited), 587 nl. 
Para (Brazil), 66 tiS. 
Parahyba (Brazil), 66 nS. 
Parana (Brazil), 66 nS. 
Paratjin (589-605), 564(81). 
.Pardon, see Amnesty. 
Paris, Treaty of, 10 Dec. 1898 (Cuba), 151, 

152(2), 173(3). 
Paris, Treaty of, 517. 
Pas-de-Calais, Department of (France), 

210(2). 
Passports: Austria, 17(11); Cuba, 155 
(29) ; Germany, 220(4) ; Guatemala, 
290(16). 
Patents: Austria, 17(11); Brazil, 80(25), 
nl; Germany, 220(4) ; Nicaragua, 447 
(28) ; Panama, 468(11) ; United 
States, 611(8); see also Inventions 
and inventors. 
Paupers: Germany, 219(3). 
Pagans, 540 nl. 

Peace: Costa Rica, 128(76), 137(99); 
Cuba, 155(25) ; Germany, 223(8) ; 
Guatemala, 286(14) ; Honduras, 325 
(32), 328(12) ; Japan, 352(13) ; 
Nicaragua, 442(18), 447(25) ; Panama, 
465(7) ; Russia, 539(13) ; Serbia, 560 
(52) ; United States, 610(6), 613(10), 
618(3). 
Pedro, Dom (Brazil), 85(7). 
Peking Daily News (cited), 106 nl. 



Pena major (Portugal), 504 nl, n2. 
Pennsylvania (U. S. A.), 607 nl, 608(2), 

621 n2. 
Pensions: Brazil, 81(75); Bulgaria, 104 
(166) ; Greece, 270(61) ; Haiti, 310 
(112) ; Honduras, 324(6) ; Italy, 346 
(88) ; Liechtenstein, 381(48) ; Luxem- 
burg, 403(103) ; Nicaragua, 441(85) ; 
Panama, 467(1) ; Portugal, 513(75), 
514(78) ; Roumania, 527(67), 533 
(112) ; Serbia, 579(172) ; United 
States, 622(4). 
Pernambuco (Brazil), 66 nS. 
Persia: 481-498. 

Abdul Hamid H, 481. 

Ahmed Mirza, 482. 

Ain-ed-Douleh, 481. 

Army, see Military affairs. 

Arts and sciences, 491(18). 

Associations, 492(21). 

Boundaries, 485(22), 490(3). 

Budget, 484(18), 485(20). 

Capital of Persia, 490(4). 

Censorship, 491(20). 

Citizens : equal I'ights before civil law, 
490(8) ; domicile, 491(13) ; foreigners, 
492(24). 

Coinage, 495(55). 

Concessions, 485(24). 

Constitution of 30 Dec. 1906, 482-489. 

Conventions, 485(24). 

Coup d'etat of 23 June 1908, 481. 

Court of Appeal, 496(75). 

Decorations, 494(47). 

Departmental assemblies, see Provincial 
assemblies. 

Education, 491(19). 

Electoral law of 9 Sept. 1906, 481. 

Equality before law, 490(8). 

Executive power, 492(27). 

Exile, 491(14). 

Firman, Shah's, 481 nl. 

tion, 497(94-95) ; salaries, 498(100)'; 
State Accounts Department, 498(101- 
103) ; see also Budget. 

Firman, Shaw's, 481 nl. 

Flag, 490(5). 

Foreigners, 490(6), 492(24). 

Governors, 484(19). 

Judiciary: 492(27), 496-497; Supreme 
Court of Justice, 496(71) ; Court of 
Appeal, 496(75) ; sittings are public, 
496(75) ; judges may be suspended, 496 
(81) ; public prosecutor, 496(83) r sal- 
aries, 497(84) ; military tribunal, 497 
(87). 

Kajars, 481. 

King: oath, 493(39) ; death of, 494(41) ; 
rights, 494(48) ; powers of, 495(57) ; 
can not interfere in affairs of another 
country, 494(43) ; appoints and dis- 
misse's ministers, 494(46). 

Legislative power: 492(27); see also 
National Assembly ; Senate ; Provincial 
assemblies. 



666 



INDEX. 



Portugal 



Persia — Continued. 

Letters, secrecy of, 492(22). 

Llakhoff, 481. 

Leans, 485(25). 

Mejlis (National Council), 481. 

Military affairs, 494(47-50), 497(87), 
498(104-107). 

Ministers, 484-48G, 494(46), 495-496; 
eligibility, 495(58) ; responsibility, 495 
(GO) ; number of, 495(62) ; prosecution 
of, 495(69). 

!Mohamnied Ali , Crown Prince or Valiahd, 
489 111. 

Mohammed Ali Shah Kajar, 481, 493(36). 

Monopolies, 485(24). 

kozaffer-ed-Din, 481, 489 nl. 

Mujtahids, 490(2). 

Mushir-ed-Dowleh, Grand Vizier, 489 nl. 

National Assembly : 482-490 ; institution 
of, 482(1) ; composition, 482(2) ; elec- 
tion of deputies, 482(5) ; oath of mem- 
bers, 483(11) ; proceedings arc public, 
483(13) ; duties, rights, and limita- 
tions, 484-486 ; secret committee, 486 
(34) ; petition, right of, 486(32) ; 
function, 487-488 ; Senate, 488-489 ; 
rights of members, 493 (30-34) ; see 

also Senate ; Provincial assemblies. 

National Council, 481. 

Nawn'iz, Persian New Year's Day, 485 nl. 

Petition, right of, 486(32). 

Property, 490(6), 491(16). 

I'rovincial assemblies, 497(90-93) ; see 
also National Assembly ; Senate. 

Public prosecutor, 496(83). 

Publications, 491(20). 

Railways, 485(26). 

Regent, 493(38). • 

Religion, 490(1). 

Roads, 485(26). 

Schools, 491(19). 

Senate: 488-489; regulations, 488(44); 
members, 488(45) ; elections, 489(49) ; 
see also National Assembly ; Provincial 

assemblies. 

Shah, 481 ; see also King. 

Sheri, 491(15). 

Societies, 492(21). 

State Accounts Department: 498(101); 
function, 498(102-103). 

State affairs, 484(16). 

Supplementary Constitutional Law of 7 
Oct. 1907, 481, 489-498. 

Supreme Court of .Justice, 496(71). 

Taxation, 497(94-95). 

Teheran, 481, 483(6). 

Territory, alienation of, 485(22). 

Treaties, 485(24), 494(52). 

Vlema, 490(2). 

Taliahd, 493(37). 
Persian Constitutional Movement, The 

(cited), 482 n2. 
Persian Revolution of 1905-1909, The, by 
E. G. Browne (cited), 481 nl, n2, 482 
nZ, 489 n2. 



Personal liberty, see Citizens and citizen- 
ship. 
Peter Karageorgevitch (Serbia), 554(6). 
Peter I, King of Serbia, 585(201). 
Petition, right of: Austria, 13(11); Bel- 
gium, 46(21) ; Brazil, 79(9) ; Bul- 
garia. 98(106) ; China, 107(19) ; Costa 
Rica, 117(37) ; Cuba, 155(27) ; Egypt, 
181(25) ; Haiti, 298(22) ; Liechten- 
stein, 377(19) ; Nicaragua, 437(50) ; 
I'anama, 460(17) ; Persia, 486(32) ; 
Portugal, 502(30) ; Roumania, 522 
(28) ; Serbia, 558(26) ; Turkey, 592 
(14) ; United States, 618(1). 
Petrovitch, W. A., Albania, in The Encyclo- 
pedia Americana (cited), 1 n3. 
Philippines (U. S. A.), 151, 621 n2. 
Physicians: Nicaragua, 450(123) ; Panama, 

461(29) ; Serbia, 567(98). 
Piauhy (Brazil), 66 nS. 
Piedmont (Italy), 342 nl. 
Pirates : Costa Rica, 120(42) ; United 

States, 611(8). 
Pirot (Turkey), 564(81). 
Pitesci (Roumania), 525(62). 
Placet (Italy), 350(16), nl. 
Plagiarists: Costa Rica, 120(42). 
Ploesci (Roumania), 525(62). 
Polders .(Belgium), 57(113). 
Police: Brazil, 65(18), 69(30); Bulgaria, 
93(62) ; Guatemala, 281(15) ; Hon- 
duras, 320(51), 329(30) ; Nicaragua, 
443(87), 449(17) ; I'anama, 465(12). 
Political crimes: Cuba, 154(14); Haiti, 

297(19) ; Honduras, 317(16). 
Political rights, see Citizens and citizenship. 
Pondichery (France), 211(6). 
Pope, 347-349. 
Porras (Anderson-Porras Treaty of 17 

March 1910), 113(5). 
Port-au-Prince (Haiti), 299(32). 
Port-de-Paix (Haiti), 299(32). 
I'ort Said (Egypt), 177(3). 
Porto Rico (U. S. A.), 151, 621 n2 
I'orts and harbors: Cuba, 161(59); Hon- 
duras, 325(30) ; Nicaragua, 442(16), 
448(34) ; United States, 612(9). 
Portugal: 499-515. 
Amnesty, 507(18). 
Arrest, 501(16). 
Assembly, right of, 501(14). 
Association, 501(14). 
Banks of issue, 506(11). 
Boundaries, 506(12). 
Budget, 511(54). 
Cemeteries, 500(9). 
Certificates, 513(76), 514(79). 
Chamber of Deputies: election, 505(22) ; 

duties, 505(23) ; vacancies, 515(86). 
Citizens: rights and duties, 500(3)-503 
(4) ; property rights, 501(26) ; mili- 
tary service, 518(68) ; political rights, 
513(74). 
Coins and coinage, 506(9). 
Colonial administration, 513(67) 



667 



Portugal 



INDEX. 



Porttis-al — Continued. 

Congress: composition, 503(7—9) ; elec- 
tion, 503(10) ; meeting, 508(11) ; joint 
session, 504(14) ; salaries, 504(19) ; 
restrictions, 504(20)-505(21) ; attri- 
butions, 506-507 ; First Congxess of 
Republic, 515(85) ; see also Chamber 
of Deputies ; Senate. 

Conscience, liberty of, 500(4). 

Constitution, revision of, 514(82). 

Correspondence, secrecy of, 502(28). 

Constituent Assembly, National, 515 nl. 

Creed, liberty of, 500(4). 

Custom-houses, 506(8). 

Death penalty, 501(22). 

Debt, national, 506(5). 

Decoration, foreign, 500(3). 

Domicile, 501(15). 

Education, 500(10). 

Executive power, vested in President, 
508(36-37) ; see also President. 

Expenditures, 506(3). 

Finance, 506(3-5), 511 (54). 

Foreigners, 500(3). 

Forgery, 501(16). 

Government, form of, 499(1). 

Habeas corpus, 502(31). 

Imprisonment, 501(17). 

Jesuits, see Society of Jesus. ^ 

Judges, 511(57). 

Judiciary, 511 (56)-512(64). 

Laws, formation and promulgation of, 
507(27)-508(35). 

Legislative power, see Congress. 

Letters, secrecy of, 502(28). 

Loans, 506(4). 

Local administrative institutions, 512 
(66). 

Lunacy, 502(36). 

Medals, 513(76) ; see also Certificates. 

Military affairs: service, 513(68); med- 
als, 513(75). 

Ministers, 510(49)-511(55). 

National property, 507(22). 

Nobility, 500(3). 

Order of the Torre and Espada, 513(75). 

Pardon, 513(71). 

Pena major, 504 nl, nS. 

Pensions, 513(75), 514(78). 

Petition, right of, 502(30). 

President: election, 507(19), 508(38- 
39) ; oath, 509(43) ; salary, 509(45) ; 
attributions, 509(47)-510(48) ; pro- 
ceedings against, 512(64) ; first elec- 
tion, 514(83). 

Property right, 501(25). 

Public assistance, 502(29). 

Public employment, 506(7). 

Punishment, 510(8). 

Religion, 500(4-8). 

Senate: election, 505(24); rights and 
duties, 505(25) ; first election, 513 
(84). 

Siege, state of, 502(31), 506(16), 510(6). 



Portug'al — Continued. 

Society of Jesus, 500(12). 

Sovereignty of State, 503(5-6). 

Supreme Court of Justice, 511(56). 

Taxes, 502(27). 

Territory, 499(2), 506(12). 

Thought, freedom of, 500(13). 

Torre and Espada, Order of the, 513(75). 

Treaties, 506(15), 510(7), 513(73). 

Weights and measures, 506(10). 

Posener, Paul, Die Staatsverfassungen des 
Erdballs, iii ; (cited), 4 nl, n2, 11 n2, 
44 nl, 61 nS, 88 nS, 111 7i5, 151 m, 193 
nl, 218 n6, 240 nl, 261 7i6, 337 nS, 351 
nS, 375 n2, n,3, 392 nl, 407 nS, 499 tpl, 
517 n2; 537 nJ,, 540 nl, 587 n2, 590 n2. 

Posharevatz (Serbia), 564(81). 

Possessions, see Colonies. 

Post and telegraph: Austria, 17(11) ; Bra- 
zil, 63(71), 68(15) ; Costa Rica, 117 
(34) ; Germany, 220(10), 224(3), 230- 
231 ; Italy (in Vatican), 349(12). 

Post offlcee: United States, 611(8). 

Pozsony, Count of, 39(4). 

Praemunire (Great Britain), 254(11). 

Pragmatic Sanction of 19 April 1713 (Aus- 
tria-Hungary), 3, 25. ' 

Prague, Pence of, 217. 

Prahova (Roumania), 525(62). 

President: Brazil, 67(28), 70(41), 71(41), 
72(48), 74(53), 83(1); China, 105; 
Costa Rica, 122(55), 134(89), 136 
(93), 137(97), 138(100), 139(102) ; 
Cuba, 157(42), 163(65-68), 165(20, 
71) ; Egypt, 176(2) ; France, 193(2), 
193-194, 196(97) ; Guatemala, 288- 
290; Haiti, 301(42), 305-306, 308 
(100), 313; Honduras, 324(9), 325 
(93), 326(101) ; Liberia, 366(1), 368 
(7), 369(8-9), 370(4-5) ; Nicaragua, 
445-448; Panama, 466-470, 476(140), 
478(4, 7), 479(9, 12) ; Portugal, 507 
(1.9), 508(38-39), 509(43, 45), 509 
(47)-510(48), 512(64), 514(83). 

Press: Austria, 13(12), 17(11); Belgium, 
45(18) ; Costa Rica, 117(34) ; Ger- 
many, 221(16) ; Greece, 264(14), 275 
(95) ; Guatemala, 282(26) ; Haiti, 297 
(16, 19) ; Honduras, 320(56), 335 
(162) ; Hungary, 33(1) ; Italy, 340-341 
(28) ; Liberia, 362(15) ; Montenegro, 
427(210) ; Nicaragua, 454(159) ; Pan- 
ama, 461(27) ; Roumania, 521(24) ; 
Serbia, 557(22); Turkey, 592(12); 
United States, 618(1). 

Pressburg (Hungary), 39(4). 

Prizes: United States, 611(8). 

Primogeniture: Bulgaria, 90(24); Greece, 
267(45) ; Japan, 352 nl. 

Prince (ruler) : Liechtenstein, 375(2), 378- 
379. 

Prince Hospodar (Montenegro), 408-411. 

Prisons: Panama, 462(45). 

Private property, see Property rights. 



INDEX. 



Reuss 



Professions: Brazil. fi3(0), 65(35). 80(24) ; 
Costa Rica, 113(9), 115(16): Ger- 
many, 220(4) ; Nicaragua, 432(6) ; 
Panama, 461(29). 

Prokuplje (Serbia), 564(81). 

Property, State: Egypt, 183 (37) ; Monte- 
negro, 423-424; Portugal, 507(22); 
United States, 617(3). 

Property rights: Austria, 12(5); Belgium, 
45(11) ; Brazil, 63(9), 76(60), 80 
(17); Bulgaria, 93(63), 94(67); 
China, 106(6) ; Costa Rica, 114(15) ; 
Cuba, 156(32), 171(114) ; Greece, 265 
(17); Guatemala, 281(16, 21), 282 
(28) ; Haiti, 297(14) ; Honduras, 318 
(26). 321(61) ; Italy, 341(29) ; Japan, 
353(27); Liberia. 360(1), 362(13), 
373(10) ; Luxemburg. 393(16-17) ; 
Montenegro, 426(205-206) ; Nica- 
ragua, 437(57). 450(123) ; Panama, 
462(42), 465(6). 466(22) ; Portugal, 
501(25) ; Roumania, 520(19) ; Russia, 
541(35); Serbia, 556(16); Turkey, 
580, 592(21) ; United States, 618(5). 

Prosecution, see Arrest and prosecution. 

Protestant Church : Belgium, 57 ni ; Great 
Britain, 257. 

Provincial government : Cuba, 168-170 ; 
Egypt, 175, 176, 182-189 ; Italy, 346 
(74) ; Panama, 458(4), 466(24), 475 
(128-132) ; Turkey, 603(108)-604 
(112). 

Prussia, 3, 219(1), nl, 221(6), nl, 224 M. 

Public trial: United States, 619(6). 

Public debt, see Finance. 

Public documents: Germany, 221 (11). 

Public domains : Austria, 16(11) ; Brazil, 
77(64) ; Panama, 465(10) ; Serbia, 
579(170)-580(178). 

Public health, see Health, public. 

Public officials and employees : Belgium, 46 
24) ; Brazil, 81(73), 82(82) ; Costa 
Rica, 113(6) ; Cuba. 164(10) ; Eg.vpt, 
180(20), 183(37) ; Germany, 219(3) ; 
Greece, 266(34), 274(88) ; Haiti, 
305(75) ; Honduras. 334-335; Liberia, 
363(19), 368(5-6). 370(2, 7, 8) ; Liech- 
tenstein, 390(124) ; Luxemburg, 395 
(35). 404(110) ; Montenegro, 425- 
426; Nicaragua, 432(2), 453(154)- 
454(158) ; Panama, 465(65) ; Portu- 
gal, 506(7) ; Russia, 547(78-82) ; 
Serbia, 581-582; Turkey, 592(19), 
595(39-41). 

Public order and safety: Bulgaria, 93(62) ; 
China, 107(15) ; Costa Rica, 114(15) ; 
Cuba, 157(41) ; 165(17) ; Egypt, 183 
(36) ; Greece, 263(10) ; Nicaragua, 
432(2), 441(95) ; Panama, 461(26), 
468(2). 

Public utilities: Bulgaria, 104(161); Hon- 
duras, 321(67), 324(18). 

Publications: Brazil, 79(12) ; Bulgaria, 95 
(79) ; Japan, 353(29) ; Persia, 491 
(20) ; Serbia, 557(22). 



Puntarenas (Costa Rica), 143(116). 
Putna (Roumania), 525(62). 
Puy-de-D6me, Department of (France), 210 

(2). 
Pyren^es-Orientales. Department of, 210(2). 

Queen Mother (Italy), 339(14). 
Quesada, Gonzalo de, Cuba (Pan-American 
Union Bulletin) (cited), 155 nl. 

Race: Austria, 14(19); China, 106(5); 
Cuba, 153(6) ; United States, 622(15). 

Railways: Austria, 17(11); Austria-Hun- 
gary, 4(2), 10(3) : Bulgaria, 104 
(161) ; Costa Rica. 112(3) ; Cuba, 161 
(59) ; Egypt, 179(18), 183(37) ; Ger- 
many, 220(8), 228-229; Persia, 485 
(26). 

Real estate: Brazil. 63(9) ; Germany, 219 
(3) ; Haiti, 296(5) ; Liberia, 373(12, 
14). 

Rebellion: Cuba, 165(17); Honduras, 328 
(17); United States, 611(8), 621(3). 

Recent Events in Persia, A Brief 'Narrative 
of (cited), 481 nl, 482 m2, 489 n2. 

Refugees from abroad (Nicaragua), 433 
(12). 

R^glemen-ts des AasemhUes legislatives, Les, 
by F. Moreau et J. Delpech, see 
Moreau, F., et J. Delpech. 

Rehabilitation: Japan, 353(16) ; Nicaragua, 
448(32). 

Rcichsgerieht (Austria), 20(1). 

Rciohsgesetzblatt (cited). 12(8.9), 219(2). 

Reichsrat (Austrian) : 5(3, 6, 7), n2, 6(9, 
10, 11, 12), 7(20, 21, 22, 23, 24, 25), 
8(26, 30), 9(35), 19 n2 ; see also Aus- 
tria-Hungary : Legislative body ; Aus- 
tria : Reichsrat. 

Religion: Austria, 13(14-15), 14(4); Bel- 
gium. 45(14), 45(16), 57(117) ; Bra- 
zil, 64(11), 79(3) ; Bulgaria, 91-92 
China, 106(5) ; Costa Rica, 113(8) 
Cuba, 155(26); Egypt, 177(3) 
France, 203 nl, 205 n3, 207 nl ; Great 
Britain, 259(3) ; Greece, 262(1-2) 
Guatemala, 282(24), 284(50) ; Haiti 
297(17); Honduras, 320-321; Hun 
gary, 29(14), 34(2) ; Italy, 349-350 
Japan, 353(28) ; Liberia, 360(3) 
Liechtenstein, 376(18), 381(51) ; Lux 
emburg. 394(19). 403(106) ; Montene 
gro, 411(40), 420-421 ; Nicaragua, 432 
(5) ; Panama, 460(26), 462(43), 476 
(135) ; Persia, 490(1) ; Portugal, 500 
(4-8) ; Roumania, 520(21) ; Russia, 
540 nl; Serbia, 582(189-191) ; Turkey, 
580(9) : United States. 617(6), 618(1). 

Reprisals: Nicaragua, 447(15); United 
States, 611(8), 613(10). 

Republic of Central America, 315(1). 

Residence, see Domicile. 

Reunion (France), 210(2). 

Rpuss, elder line (Germany), 219(1), 221 
(6), 224 ni. 



669 



Reuss 



INDEX. 



Reuss, younger line (Germany), 219(1), 

221(6), 224 nJi. 
Revenues, see Finance. 

Revolution of 25 Aug. 1830 (Belgium), 43. 
Rhode Island (U. S. A.), 608(2), 621 n2. 
Rhone, Department of (France), 210(6). 
Rietberg (Liechtenstein), 375. 
Rights, civil, see Civil rights. 
Rights, political, see Citizens and citizen- 
ship. 
Rio de .Janeiro, 66 nS. 
Rio Grande do Norte (Brazil), 66 nS. 
Rio Grande do Sul (Brazil), 66 n3. 
Roads: Cuba, 161(59) ; Germany, 220(4) ■, 
Persia, 485(26) ; United States, 611(8). 
Rodriguez, J. I., American Constitutions, 
iii; (cited), 61 n3, 111 n5, 151 nS, nh 
rxG, 279 nS, 295 n2, nS, 315 n3, 431 n't, 
457 n-Jf. 
Roman Catholic Church : Belgium, 57 ni ; 
Costa Rica, 113(8) ; Great Britain, 
259 n4; Italy, 338(1); Montenegro, 
421(129) ; Nicaragua, 432(5). 
Roman Provinces, 337 nl. 
Roman (Roumania), 525(62). 
Rome, 337. 
Itoumania: 517-536. 

Accounts, High Court of, 533 nZ. 
Architects, 527(69). 
Armed forces, see Military affairs. 
Assembly, right of, 521(26). 
Associations, 522(27). 
Authors, 521(24). 
Bacau, .525(62). 
Berlad, 525(62). 
Bishops, 520(21), 528(76). 
Botoshani, 525(62). 
Boundaries, 518(2). 
Braiila, 525(62). 
Bucharest, 534(124), 525(62). 
Budget, 533(113). 
Buzeu, 525(62). 
Caution money, 521(24). 
Cens, 526(63). 
Craiova, 525(62). 
Censorship, 521(24). 

Chamber of Deputies : composition, 524 
(57-58) ; elegibility, 525 (59) -526 (65) ; 
see also Houses, legislative ; Senate. 
Charles (of HohenzoUern-Sigmaringen), 

517, 528(82). 
Church, 520(21). 

Citizens: rights of, 518(5-7); naturali- 
zation, 518(7) ; political rights, 519 
(9) ; equal before law, 519(10) ; titles, 
519(12) : domiciles, 519(15) ; service 
in foreign State, 522(30) ; military 
duty, 534(118). 
Claca?i, 585(133). 
Colonization, 518(3). 
Colors, 534(123). 

Communal institutions, 532(106-107). 
Conscience, liberty of, 520(21). 
Constitution : can not be suspended, 534 

(127) ; revision of, 534(128). 
Council of State, 535(130). 



Roaiuania — Continued. 

Court of Accounts, 533(116). 
Court of Cassation, 532 nS, 535(130). 
Crimean War, 517. 
Danube, principalities of, 517. 
Death penalty, 520(18). 
Declaration of the Four Points, 517. 
District and communal institutions, 532 
(106-107). 

Districts, 518(4). 

Dolj, 525(62). 

Eastern Orthodox Religion, 520(21). 

Education, 521(23), 525(61). 

Engineers, 527(69). 

Executive power, 523(35). 

Extradition, 522(30). 

Finance, 533(108-117). 

Focshani, 525(62). 

Foreign troops, 534(122). 

Galatz, 525(62). 

Giurgiu, 525(62). 

Gratuity, 533(112). 

Houses, legislative: members, 523(38); 
meetings, 523(39) ; functions, 524(46- 
56) ; see also Chamber of Deputies; 
Senate. 

Hushi, .525(62). 

Ilfov, 525(62). 

Impost, 533(108). 

Insuratsi, 533(133). 

Jassy, 525(62). 

Jews, 518 nM. 

Journalists, 521(24). 

Judiciary, 523(36), 532(104-105) ; see 
also Court of Cassation. 

King: 528 (82) -531 (96), succession, 528 
(83) ; vacancy of throne, 529(84) ; 
death of, 529(85) ; oath, 529(87) ; re- 
gency, 529(88) ; prerogatives, 530(93)- 
531(96) ; civil list, 531(94). 

Legislative power, 522(32). 

Letters, privacy of, 521(25). 

Lithographers, 521(24). 

Mehedintsl, 525(62). 

Metropolitans, 520(21), 528(26). 

Military affairs: 534(118-122); grades, 
530(93) ; justice, 535(131). 

Ministers: eligibility, 531(97-100); im- 
peachment, 531(101)-532(103). 

Moldavia, 517. 

National Guard, 534(121). 

Oaths, 534(125). 

CEcumenical Eastern Church, 520(21).' 

Orthodox Roumanian Church, 520(21). 

Pension, 533(112) ; pensioners, 527(67). 

Petition, right of, 522(28). 

Pharmacists, 527(67). 

Pitesci, 525(62). 

Ploesci, 525(62). 

Prahova, 525(62). 

Press, 521(24). 

Priests, 520(21). 

Primary schools, 521(23). 

Printers, 521(24). 



670 



INDEX. 



Rnssia' 



Ronnianla — Continued. 

Professors, 627(67). 

Property rights, 520(19). 

Publishers, 521(24). 

Putna, 525(62). 

Regency, 529(98). 

Religion, 520(21). 

Roman, 525(62). 

Schoolmasters, 525(61). 

Senate: composition, 526(67)-527(73) ; 
eligibility, 527(74)-52S(81) ; see also 
Chamber of Deputies ; Houses, legis- 
lative. 

Speech, liberty of, 521(24). 

State, power of, emanates from nation, 
522(31). 

Suciava, 525(62). 

Teleorman, 525(62). 

Territory, 517(1)-518(4). 

Treaty of Paris, 517. 

Turco-Russian War, 517. 

Turnu-Magurele, 525(62). 

Turnu-Severin, 525(62). 

Tutova, 525(62). 

University of Bucharest, 527(73). 

University of Jassy, 527(73). 

Veterinarians, 527(67). 

Wallachia, 517. 

Writers, 521(24). 
Rowe, L. S., and S. M. Lindsay, Supple- 
ment to the Annals of the American 
Academy of Political and Social Sci- 
ences, November, 1894 (cited), 337 nS. 
Royal Academy of Sciences (Italy), 342 

(IS). 
Rumelia, Eastern, 87. 
Russia: 537-547. 

Administrative officers, 547(78-82). 

Admiralty Council, 543(54). 

Arrest, 541(31). 

Assembly, right of, 541(36). 

Associations, 542(38). 
• Autocratic power, see Emperor. 

Army, 538 nl. 

Budget, 546(72). 

Christians, 540 nl. 

Christians, non-, 540 nl. 

Church and State, 540 nl. 

Citizens : 540 nl ; rights and duties, 541 
(27), 542(41). 

Coinage, 539(16). 

Conscience, liberty of, 542(39). 

Council of Ministers, 539(17), 542(45), 
547(78-82). 

Creator of the universe, 540 nl. 

Criminal offenses, 541(32). 

Crown domains, 540(21). 

Decorations, 539(19). 

Domains of Crown, 540(21). 

Domicile, 541(33). 

Duma, see Imperial Duma. 

Eastern Catholic Orthodox Christian Re- 
ligion, see Russian Orthodox Church. 

Elections, 544 nl. 



Russia — Continued. 

Emperor : wields supreme power, 538(4) ; 
prerogatives, 538(5)-540(22) ; power 
of pardon, 540(23) ; ukases and or- 
ders, 541(26). 

Emperor's possessions, 539(20). 

Empire, 540 nl. 

Empress, 538(6). 

Finance, 546(72-76). 

Finland, Grand Duchy, 537(2), 538 nl.- 

Finnish affairs, 538 nl. 

Foreign relations, 539(12). 

Foreigners. 540 nl, 542(40). 

Holy Synod, 540 nl. 

Imperial Academy of Science, 544 nl. 

Imperial Council : convenes annually, 544r 
(56) ; composition, 544(58-59) ; func- 
tions, 545(60)-547(77) ; see also Im- 
perial Duma. 

Imperial Duma, 542(45) ; convenes an- 
nually, 544(56) ; composition, 544(58,. 
59) ; functions, 545(60)-547(77) ; see 
also Imperial Council. 

Imperial Manifesto, 17/30 October 1905>. 
537. 

Imperial Senate, 543(48). 

Jews, 540 nl. 

.Judiciary, 540(22). 

Lagthing, Norwegian, 538 nl. 

Language, official, 538(3). 

Laws, 542(42 )-543(55). 

Legislation, 544 nl, n2. 

Legislation, for Finland, 538 nl. 

Legislative power, 538(7). 

Loans, 546(76). 

Migration, 541(34). 

Military affairs, 538 nl, 539(14), 541(28),. 
543(54), 547(77). 

Ministers, 547(78-79). 

Mohammedans, 540 nl. 

Moscow, 547 7tl. 

Navtil affairs, 539(14), 543(54), 547(77). 

Non-Christians, 540 nl. 

Norwegian Lagthing, 538 nl. 

Official language, 538(3). 

Pagans, 540 nl. 

Pardon, 540(23). 

Peace, 539(13). 

Property rights, 541(35). 

Prosecution, 541(30). 

Public officials (Russia), 538 nl. 

Religion, freedom of, 540 nl. 

Religion : State Church, 540 nl. 

Russian Orthodox Church, 540 til, 544 nl. 

State Church, 540 nl. 

Strike, general, of October 1905 (Fin- 
land), 538 nl. 

Subjects, 540 nl. 

Succession, 540(24). 

Suffrage, 538 nl. 

Supreme power, see Emperor. 

Svod, 537 n^. 

Swedish laws of 1772 and 1789, 538 nl. 

Ta.vation, 541(29). 

Thought, freedom of, 542(37). 



671 



Hussia 



INDEX. 



Rnssia — Continued. 

Titles, 539(19). 

Treaties, 539(13). 

Ukases, 539(20), 541(26), 544 nl, 
547 nl. 

Ustavs, 540 nl. 

War, 539(13). 

Zemstvo, 544 nl. 
Russian Orthodox Churcii, 544 1. 
Husso-Turkish War, 87. 



Safe conducts: Cuba, 155(29). 

Safety, public, see Public order and safety. 

Sal Name (Turkey) (cited), 590 n2. 

Salic Law, 391 n5. 

Salnave (Haiti), 295. 

Salt tax: Germany, 227(38). 

Salzburg (Austria-Hungary), 6(8), 14(1), 

15(6). 
San Giovanni (Parish, San Marino), 550 

(9). 
San Jos(5 (Costa Rica), 143(116). 
San Juan del Norte (Nicaragua), 438(69). 
San Marin»: 549-552. 

Acquaviva, 550(9). 

Arringo, 549. 

Arringo generale, 549. 

Borgo, 550(9). 

Captains regents, 552(45). 

Chiesa nuoya, 550(9). 

Citizens: 549(1), 550(2-8) ; eligibility to 
vote, 551(37). 

Congresso degli Studi, 549. 

Oongresso dei Legali, 549. 

Congresso Economico di Stato, 549. 

Congresso Militare, 549. 

Councilors, 551(39). 

Domagnano, 550(9). 

Electoral districts, 550(8-10). 

Electoral Regulations of 5 May 1906, 
549 «2. 

Electors, 552(44). 

Eaetan.0, 550(9). 

Eiorentino, 550(9). 

Generale Consiglio Principe, 549. 

Grand General Council, 549. 

•Grand Council: 549(l)-552(42) ; elec- 
tors, 549(l)-550(3) ; electoral dis- 
tricts, 550 (8-10) ; eligibility, 551 
(37) ; renewal, 551(39-42) ; electoral 
assemblies, 552(43) ; captains regents, 
552(45) ; vacancies, 551(40). 

Metropolitan (Parish), 550(9). 

Montegiardino, 550(9). 

Penal Code, 552(46). 

San Giovanni, 550(9). 

Seravalle, 550(9). 
:San Stefano (Bulgaria), 87. 
Sanitation, see Health, public. 
Sanjaks (Turkey), 603(109). 
Santa Catharina (Brazil), 66 nS. 
.«anto Domingo (Haiti), 295. 
-Sao Paulo (Brazil), 66 nS. 



Saone-et-Loire, Department of (France), 

210(2). 
Sardinia, 337. 

Sarthe, Department of (France), 210(2). 
Savoie, Department of (France), 210(2). 
Savoy (Italy), 337, 345 nl. 
Saxe-Altenburg (Germany), 219(1), 221 

(6), 224 nJ,. 
Saxe-Coburg-Gotha (Germany), 219(1), 221 

(6), 224 nh 
Saxe-Meiningen (Germany), 219(1), 221(6), 

224 nh 
Saxe-Weimar (Germany), 219(1), 221(6), 

224 nJ,. 
Saxony (Germany), 219(1), 221(6), 224 

Schaumburg-Lippe (Germany), 219(1), 221 

(6), 224 nl 
Schellenberg (Liechtenstein), 375. 
Schleswig-Holstein, 217. 
Schwarzburg-Rudolstadt (Germany), 219 

(1), 221(6), 224 nJf. 
Schwarzburg-Sondershausen (Germany), 

219(1), 221(6), 224 nJ,. 
Science, freedom of: Austria, 3(17) ; Costa 
Rica, 130(12) ; Panama, 465(13) ; Per- 
sia, 491(18) ; United States, 611(8). 
Scotland, 253(11). 
Search and seizure (legal) : United States, 

618(4). 
Secret negotiations: Costa Rica, 128(75). 
Secret societies: Turkey, 605(120). 
Sedan (France), 192(11). 
Sedano y Agramonte, J. R., El Libra del 
ciudadano cuhano (cited), 155 nl, 
161 nl. 
Seigniorial rights : Austria, 17 (lie). 
Seine, Department of (France), 210(2). 
Seine-et-Oise, Department of (France), 

210(2). 
Seine-et-Marne, Department of (France), 

210(2). 
Seine-Inferieure, Department of (France), 

210(2). 
Senabodi (Turkey), 587. 
S«=rbia: 553-586. 

Akkerman Convention of 7 October 1826, 

553. 
Alexinatz, 564(81). 
Alienation, 554(4) ; see also Territory. 
Amnesty, 560(51). 
Arms, 554(2). 
Army, see Military affairs. 
Arrest, 555(9). 

Arrondissements, 578 ( 160)-579 (169) . 
Assembly, right of, 558(24). 
Association, right of, 558(25). 
Authors, 557(22). 
Belgrade: 553(2), 564(81); University 

of, 583 nl. 
Benevolent institutions, 583(193). 
Budget, 569(112), 579(173), 583(196), 

586(201). 
Censorship, 557(22). 
Charitable establishments, 583(193). 



672 



INDEX. 



Serbia — Continued. 

Church, 582 (189-191). 

Citizens; rights and duties, 555(6)- 
558(31). 

Ovil list. 562(66). 

Coinage, 560 f 49). 

Colors, national, 554(2). 

Communes, 578(]60)-579(169). 

Concessions, 580(176). 

Confiscation, 556(17). 

Constitution: of 29 .Tune/11 .luly 1869, 
553(4) : of 22" December 1888/3 Jan- 
uary 1889. 553(5) : of 5/18 June 
1903, 554-586: revision of, 584(200). 

Council of State: 57.'?-575, 585(201); 
composition, 573(140-141) ; eligil>ility, 
574(142) ; attributions, 574(143)- 
575(145). 

Councilors, 567(98). 

Court of Account.s, 380(179)-581 (181). 

Court of Appeal, 586(201). 

Court of Cassation, 586(201). 

Death penalty, 556(13). 

Debt, public, 570(118). 

Departments, 555(5), 578(160) -579 
(169). 

Deputies, 564 (78-83), 566 (95) -568 
(100), 571(127). 

Domain, public, 579(170)-5S0(178). 

Domain of King, 580(178). 

Domicile, 536(15). 

Eastern Orthodox Church, 554(3). 

Education, 557(21), 583(192). 

Engineers, 567(98). 

Envoys, 567(98). 

Executive power, 559(38). 

Extradition, 558(31). 

Finances, 579(170)-580(178). 

Foreign affairs, 560(52). 

Foreign troops, 584(199). 

Foreigners, 558(30), 581(182). 

Form of government, 554(1). 

Gornje, 564(81). 

Hatt-i-sherif of 12/24 December 1838, 
553(2). 

Impeachment, 572(136). 

Impost, 570(118), 579(170). 

Jagodina, 564(81). 

Judges, 576(154)-578(159). 

Judiciary: 559(39), 575-578; Court of 
Cas.sation, 575(149) ; judges, 576 
(i54)-578(159). 

Jury, 575^148). 

Karageorge, 553. 

King: 559-563, 585(201) ; person of, 559 
(40-41); prerogatives, 559(42) -561 
(57) ; oath, 561(60) ; regent, 561(61- 
62); civil list. 562(66); succession, 
563(73-75). 

Knjashevatz, 564(81). 

Kragujevatz, 564(81). 

Krushevatz, 564(81). 

Law of 3 May 1858, 553(3). 

Laws recalled Into force, 585(201). 



Serbia — Continued. 

Legislative power, 559(33-37). 
Leskovatz, 564(81). 
Letters, secrecy of, 557(23). 
Liberty of conscience, 557(18). 
Liberty, personal. 555(9). 
Loznitza, 564(81). 

Migration, 556(14). 

Milan I, 561 nl. 

Milanovatz, .564(81). 

Military affairs, 559(46), 5S3(194)-584 
(199). 

Military tribunals, 583(197). 

Mines, 580(175). 

Minister of Cults, 582(189). 

Ministers, .567(98), 572(131)-573(139). 

Monopoly. 580(176). 

Montenegro, 553(4). 

Municipal affairs, 578(162-163). 

National representation, see Skupshtina. 

National Skupshtina, 568(101-106) ; see 
also Skupshtina ; Ordinary Skupshtina. 

Nationality, 558(29). 

Naturalization, 575(9). 

Negotin, 564(81). 

Nish, 564(81). 

Nobility, titles of, 555(8). 

Oaths, 561(60), 568(106). 

Obrenovitch, dynasty of, 561 nl. 

Official Journal, 586(202). 

Okruff, 555(5). 

Opshtina, 555(5). 

Ordinary National Skupshtina, 567(100) : 
see also Skupshtina ; National Skup- 
shtina. 

Orphans, 582(188). 

Paratjin, 564(81). 

Peace, 560(52). 

Pension, 579(172). 

Peter Karageorgevitch, 554(6). 

Peter I, King of Serbia, 585(201). 

Petition, right of, 558(26). 

Pirot, 564(81). 

Physicians, 567(98).. 

Posharevatz, 564(81). 

Powers of State, see State, powers of. 

Press, 557(22). 

Professors, 567(98). 

Prokuplje, 564(81). 

Property rights, 556(16). 

Proselytism, 557(19). 

Public service, 581 (182)-582(188). 

Publications, 557(22). 

Publishers, 557(22). 

Regents, 561 (62) -562 (65). 

Religion, 557(19), 582(189-191). 

Retirement of officials, 582(187). 

Schools, 583(192). 

Seizure, 557(22). 

Shabatz, 564(81). 

Skupshtina : 563-571 ; composition, 563 
(77-81) ; eligibility to, 564 (84) -565 
(87) ; elections, §65(88)-566(93) ; 
deputies, 566(94)-567(99) ; oath of 
deputies, 568(106) ; functions, 569 



678 



Serbia 



INDEX. 



Serbia — Continued. 

Skupshtina — Continued. 

(108)-571(200) ; see also Ordinary 
Skupshtina ; National Skupslitina. 
Smedei-evo, 564(81). 
Speech, freedom of, 557(22). 
^rez, 555(5). 

State, powers of, 558(32)-559(39). 
State religion, 554(3), 557(19). 
Succession, 561(57). 
Svilajnatz, 564(81). 
Synod, 582(189). 
Taxation, 579(170-171). 
Territory of State, 554(4)-555(5). 
Titles, 555(8). 
Tjuprija, 564(81). 
Treaties, 560(52). 
Treaty of Adrianople, 553. 
Tribunals ; see Judiciary. 
Tshatshak, 564(81). 
Universal Eastern Church, 554(3). 
University of Belgrade, 583 nl. 
Ushitze, 564(81). 
Ustav, 553(3). 
Valjevo, 564(81). 
Vranja, 564(81). 
War, 560(52). 
Widows, 582(188). 
Zajeshar, 564(81). 
Zadrugari, 564(84). 
Seravalle (Parish, San Marino>, 550(9). 
Sergipe (Brazil), 66 iiS. 
Servitude, see Slavery. 
Shabatz (Serbia), 564(81). 
Sharkieh (Egypt), 177(3). 
Sheik-ul-Islam (Turkey), 591(7). 
Sheri (Turkey), 491(15), 590(3), 601(87). 
Shiah Sect of Islam, Twelve Imams of 

(Persia), 490(1). 
Siam, 587. 

Sicily, 349(15), 337 nl. 

Siege, state of: Brazil, 68(21), 73(48), 81 
(80) ; Bulgaria, 94(73) ; China, 109 
(36) ; Haiti, 312(125) ; Honduras, 321 
(74), 325(35),* 329(21), 335(162); 
Japan, 352(14) ; Nicaragua, 438(62), 
442(21), 447(16) ; Portugal, 502(31), 
506(16), 510(6). 
Silesia, Lower (Austria-Hungary), 6(8), 14 

(1), 15(6). 
Silesia, Upper (Austria-Hungary), 6(8), 14 

(1), 15(6). 
Silver coin: United States, 613(10). 
Sinoe County (Liberia), 364(5). 
Skupshtina: Montenegro, 409(17), 412- 

417; Serbia, 568(101-106). 
Slavery : Bulgaria, 93(61) ; Costa Rica, 120 
(42) ;Cuba, 153(6) ; Greece, 264(13) ; 
Honduras, 320(53) ; Liberia, 360(4^ ; 
Panama, 460(19) ; United States, 620 
(13), 622(4). 
Slavonia (Austria-Hungary"), 26 n-}, 29 nS. 
Smederevo (Serbia), 564(81). 
Social orders: Cuba, 155(25). 
Societies, see Associations. 



Society of Jesus (Portugal), 500(12). 

Somme, Department of (France), 210(2). 

Sophia, Princess, electrix of Hanover, 259 
■nS. 

Soulouque, General, 295. 

South Carolina (U. S. A.), 609(2), 621 n2. 

South China, 105. 

South Dakota (U. S. A.), 621 n2. 

South German States, 217. 

Sovereignty: Cuba, 151(1), 156(36), 157 
(43) ; Haiti, 298(27-30) ; Luxemburg, 
395(32) ; Nicaragua, 431(1), 432(2) ; 
Panama, 458(2) ; Portugal, 503(5-6) ; 
Turkey, 590(3). 

Spain, 151. 

Spaniards, 153(6). 

Spanish-American War, 151. 

Spanish-Americans, 316(9), 433(3). 

Speech, freedom of: Brazil, 79(12) ; China, 
106(6) ; Cuba, 155(25) ; Great Britain, 
257; Greece, 264(14) ; Guatemala, 282 
(26) ; Haiti, 297(16) ; Italy, 358 (29) ; 
Liberia, 362(15) ; Luxemburg, 394 
(24), Montenegro, 427(209) ; Panama, 
461(27) ; Roumania, 521(24) ; Serbia, 
557(22) ; United States, 618(1). 

Srez (Serbia), 555(5). 

Staatsarchiv (cited), 175 nl. 

Staatsverfasujigen des Erdballs, Die, see 
Posener, Paul. 

Stanton, Otis G. (translator), 392 nU 
407 nS, 517 n2, 554 nS. 

Stanton, Ruth E., iv ; (translator), 26 nS. 

State, safety of: Cuba, 157(41). 

State property, see Property, State. 

Statesman's Year Book (1918) (cited), 1 nS, 
261 n7, 354 n2, 482 nl, 587 n2. 

Statthalter (Austria), 18 nl. 

Statute Law Revision Act, 1863 (cited), 
240 n2, ti3, 241 n3, 242 n2, n6, 254 nl,. 
259 nl. 

Statutes, The: Second Revised Edition, 
1888 : 240 n2, 243 nS, 244 nl, 245 nS, 
248 n2, 256 nl, 259 n£. 

Statuto fondamentale of 4 March 1848- 
(Italy), 337. 

Statutum de tallagio non concedendo of 
1297 (England), 244-5. 

Stoerk-Rauchhaupt, Handbuch der deut- 
schen Verfassungeii (second edition) 
(cited), 218 n6, 221 nS. 

Strike, general, of October 1905 (Finland), 
538 nl. 

Styria (Austria-Hungary), 6(8), 14(1), 
15(6). 

Subsidies: Haiti, 310(112); Hungary, 27. 

Succession: Bulgaria, 90(24), 91(32-.S7); 
Costa Rica, 149(2) ; Greece, 267(68) ; 
Montenegro, 410(23)-411 (34) ; Rus- 
sia, 540(24) ; Serbia, 561(57). 

Suciava (Roumania), 525(62). 

Suez, 177(3). 

Suffrage : Costa Rica, 121-123 ; Cuba, 
156(38); Finland, 538 nl; France-, 
191(7) ; Germany, 224(20) ; Honduras, 



674 



INDEX. 



Turkey 



Suffi-ase — Continued. 

317(24) ; Panama, 463(40) ; Russia, 

538 nl; San Marino, 551(37) ; United 

States, 617(5). 
Sultan (Turivey), 590(5-7). 
Sun Yat-sen, 105. 

8uplantaci6n (Costa Rica), 140(103). 
Supreme Caliphate of Islam (Turkey), 

590(3). 
Supreme Pontiff, 347-349. 
Svilajnatz (Serbia), 564(81). 
Svod, 537 rUi. 

Swedish laws of 1772 and 1780, 538 til. 
Synod, Holy, 540 nl. 
Szoereny (Hungary), 35(4). 
Szolnok (Hungary), 35(4). 

Table of Magnates (Hungary), 38(1), 
40(5-10). 

rnfct'im-i-T(^«^. (Turkey), (cited), 590 n2. 

Tangier, 253(11). 

Tarn, Department of (France), 210(2). 

Tarn-et-(iaronne, Department of (France), 
210(2). 

Taxation: Austria, 16(11); Austria-Hun- 
gary, 4(2), 10(4) ; Brazil, 63(7) ; Bul- 
garia, 92(48), 94(69), 98(105) ; China, 
106(13), 107(19) ; Costa Rica, 
145(120); Cuba, 156(34), 162(8) ; 
Egypt, 179(17); Germany, 220(4); 
Greece, 270(59) ; Guatemala, 285(54) ; 
Honduras, 321(66), 325(26); Hun- 
gary, 33; Italy, 341(30); Japan, 353 
(21), 357(62) ; Liechtenstein, 380(40, 
43) ; Nicaragua, 443(13), 437(55), 442 
(13), Panama, 462(41-43), 460(21) ; 
Persia. 497 (94-95) ; Portugal, 502(27) ; 
Russia, 541 (29) ; Serbia, 579(170-171) ; 
Turkey, 589.592(20) ; United States, 
608(2), 611(8), 612(9), 622(16). 

Teaching, freedom of: Austria, 13(17); 
Haiti, 297(18). 

Teheran, 481, 483(6). 

Teleorman (Roumania), 525(62). 

Tcmes (Hungary), 35(4). 

Tennessee (U. S. A.), 621 nZ. 

Territory: Belgium, 44(33); Bulgaria, 88 
(1-3) ; Costa Rica, 113(5), 143(116), 
180(6) ; Cuba, 165(17) ; Greece, 266 
(38) ; Honduras, 822(77), 325(28) ; 
Luxemburg, 392(1-2) ; Montenegro, 411 
(36) ; Panama, 457(1), 458(3-5) ; Per- 
sia, 485(22) ; Portugal, 490-506(12) ; 
Roumania, 517(1) - 518(4) ; Serbia, 
554-555; United States, 616(3); see 
also Alienation of territory. 

Texas (U. S. A.), 621 n2. 

Thiers, 192(11). 

Tibet, 106(3), 107(18). 

Tinnin (Hungary), 39(4). 

Tirnovo (Brazil), 87. 

Titles, see Nobility. 

Tjuprija (Serbia), 564(81). 

Tobacco: Germany, 226(85), 227(88); 
Honduras, 320(59). 



Tokyo, 351 «2. 

Torontal (Hungary), 85(4). 

Torre and Espada, Order of (Portugal), 513 
(75). 

Torture: Bulgaria, 95(75) ; Honduras, 819 
(43) ; Nicaragua, 435(35) ; Turkey, 
589, 593(26). 

Trade-marks: Austria, 17(11); Brazil, 80 
(27) ; Nicaragua, 437(59). 

Trades and occupation, sec Occupation, 
freedom of. 

Traites, Recucil de (cited), 392 »^. 

Treason: China, 107(19) ; Costa Rica, 112 
(3), 120(48) ; France, 194(6) ; Haiti, 
297(15) ; Panama, 469(78) ; United 
State-s, 610(6), 615(4), 616(3). 

Treasury, see Finance. 

Treaties: Austria, 10(11), 24(6) ; Belgium, 
52(68) ; Brazil, 68(12), 73(48) ; Bul- 
garia, 89(17) ; China, 109(35) ; Costa 
Rica, 112(3), 128(76) ; Cuba, 159(6), 
162(12), 164(7), 168(93), 173(1); 
France, 196(8) ; Germany, 219(3), 223 
(11) ; Greece, 266(32) ; Guatemala, 286 
(9) ; Haiti, 305(75), 312(127) ; Hon- 
duras, 325(22), 326(99), 328(14) ; 
Italy, 338(5) ; Japan, 352(13) ; Lux- 
emburg, 396(37) ; Nicaragua, 432(2), 
433(11, 16), 442(7), 446(10), 454 
(162) ; Panama, 465(6) ; Persia, 485 
(24), 494(52) ; Portugal, 506(15), 510 
(7), 513(73) ; Russia, 539(13) ; Serbia, 
560(52) ; United States, 613(10), 614 
(2), 615(2), 617(6). 

Treaties, Conventions, International Acts, 
Protocols, and Agreements hetween the 
United States of America and other 
Powers, by W. M. Mallory (cited), see 
Mallory, W. M. 

Treaty, see under name of place where con- 
cluded. 

Treaty of 28 June 1835 (Cuba), 153(6). 

Trial by jury: United States, 615(2), 619 
(6), 619(7). 

Tribunals: United States, 611(8). 

Tribute: Egypt, 180(20). 

Triest (Austria-Hungary), 6(8), 14(1), 
15(6). 

Troppau (Liechtenstein), 375. 

Tsan Cheng Yuan, 105. 

Tshatshak (Serbia), 564(81). 

Turco-Russian War, 517. 

Turkey: 589-605. 

Ambassadors, 598(62). 

Assembly, right of, 605(120). 

Associations, 592(13). 

Bankruptcy, 599(6). 

Berat, 600(81). 

Board of Accounts, 603(105-107) ; see 

also Finance. 
Budget, 598(64), 602(96-102). 
Cabinet, see Council of Ministers ; Cham- 
ber of Depxities. 
Cabinet ministers, 598(62). 



675 



Turkey 



INDEX. 



Tnrlcey — Continued. 

Chamber of Deputies: 593(30)-595(38) ; 
598(65)-600(80) ; elections, 598(66)- 
599(72) ; salary, 599(76) ; debates, 
600(78) ; see also Senate, Parliament, 
Cabinet. 

Chamber of Judgment, see High Court. 

Charges Chamber, see High Court. 

Chief Rabbi, 598(62). 

Citizens : 591-593. 

Coinage, 590(7). 

Confiscation, 589, 593(24). 

Constantinople, 590(2). 

Constitution, amendments, 604(115—116). 

Council of Ministers, 598(28-29) ; see 
also Chamber of Deputies. 

Council of State, 604(117). 

Court of Cassation, 604(117). 

Domicile, 592(22). 

Education, 592(15), 604(114). 

Equality before law, 589, 692(17). 

Finance: 598(64), 602(96)-603(107). 

Forced labor, 593(24). 

Foreigners, 599(10). 

Generals, 598(62). 

Government service, 592(19). 

Governor General, 598(62). 

Orand Vizier, 591(7), 593(27). 

Hatt-i-humayoun of 18 February 1856, 
589. 

Hatt-i-sherif of 3 November, 1839, 589. 

High Court: 601 (92)-602(95) ; Charges 
Chamber, 601(93) ; Chamber of Judg- 
ment, 601(93) ; see also Judiciary. 

Judiciary: 600(81)-601(91) ; see also 
High Court. 

Juge d' instruction, 605(119). 

Earns, 603(109). 

Kasi asker, 598(62). 

Letters, secrecy of, 605(119). 

Martial law, 604(113). 

Ministers, 593 (30) -595 (37). 

Municipal affairs, 604(112). 

Mussulman faith, 590(4), 591(11). 

Mustantik, 605(119). 

Muvella, 601(89). 

Nizam, 601(87). 

Official Almanac, 590 m2. 

Official Gazette, 590 n2. 

Ordu mushiri, 598(62). 

Orphans, 603(111). 

Osman, House of, 590(3). 

Ottoman, 591(8-9). 

Padishah, 589. 

Parliament: 595(42)-597(59) ; meeting, 
595(43)-596(45) ; oath, 596(46) ; 
members, rights and privileges, 596 
(47-50) ; functions, 597(51-59) ; see 
also Senate ; Chamber of Deputies ; 
Cabinet. 

Patriarch, 598(62). 
Personal liberty, 591(10). 

Petition, right of, 592(14). 
Press, 592(12). 

Property. 589, 592(21). 



Turkey — Continued. 

Provinces, 603(108)-604(112). 

Public officials, 595(39-41). 

Sal Name, 590 n2. 

Sanjaks, 603(109). 

Secret societies, 605(120). 

Senate, 597(60)-598(64), 604(117), 605 
(121) ; see also Chamber of Deputies; 
Parliament ; Cabinet. 

Sheik-ul-Islam, 591(7), 593(27). 

Sheri, 590(3), 601(87). 

Sovereignty, 590(3). 

Sultan, person of, 590 (5-7). 

Superior judge, 598(62). 

Supreme Caliphate of Islam, 590(3). 

Takvini-i-Vekai, 590 n2. 

Taxation, 589, 592(20). 

Titles, 590(7). 

Torture, 589, 593(26). 

Treaty of Berlin of 13 July 1878, 589. 

Turkish language, 592(18). 

rakf, 603(111). 

Vaii, 598(62). 

Vilayets, 603(109). 

Worship, freedom of, 589. 

Young Turk party, 590. 
Turkish .language, 592(18). 
Turnu-Magurele (Roumania), 525(62). 
Turnu-Severin (Roumania), 525(62). 
Tuscany, 337 nl. 
Tutova (Roumania), 525(62). 
Tyau, Min-cb'ien T. Z., China's Neiv Con- 
stitution and International Problems 
(cited), 105 «2. 
Tyrol (Austria), 6(8), 14(1), 15(6). 

Ukases (Russia), 539(20), 541(26), 544 

nl, n2, 547 nl. 
Ulema, 490(2). 
Umbria, 337 nl. 

Union of Belgium and Holland, 43. 
United States, Department of State, trans- 
lation of Constitution of Greece, 262 
nl. 
United States of America: 151, 476 
(136), 607-623. 

Alabama, 621 nS. 

Alaska, 621 n2. 

Ambassadors, 614(2), 615(2). 

Apportionment, 608(2), 621 n2, 622(16). 

Appropriate legislation, 611(8), 620(2), 
622(5), 622(2). 

Arizona, 621 n2. 

Arkansas, 621 n2. 

Armies, see Military affairs. 

Arms, 618(2). 

Arrest, 610(6). 

Arsenals, 611(8). 

Arts, 611(8). 

Attainder, 612(9), 613(10), 616(3). 

Authors, 611(8). 

Bail, 619(8). 

Ballot, 619(12). 

Bankruptcies, 611(8). 

Bills of credit, 613(10). -^ 



676 



INDEX. 



United States 



United States of America — Continued. 
Rjunties, 622(4). 
Bribery, 015(4). 
California, 621 n.?. 
Capitation, 612(9). 
Census, 608(2), 612(9). 
Chief justice, 609(3). 
Citizens, 608(2), 609(3), 613(1). 
Citizenship, 616(2), 621(1). 
Coins and coinajje, 009(3), 611(8), 618 

(10). 
Colorado, 621 n2. 
Commerce, 611(8), 612(9). 
Congress, 608(1)-612(9), 613(1)-615(3), 

616(1), 617(5), 020(2), 621(3), 622 

(5), 022(15-16). 
Connecticut, 621 n2. 
Constitution, 611(8), 613(1), 615(2), 616 

(3), 617(5), 617(6), 618(7), 619(9- 

10), 621(3). 
Constitution, amendments, 618-623. 
Copyright, 611(8). 
Courts, 611(8), 614(2), 615(1). 
Credit (States), 616(1). 
Credit of U. S., 611(8). 
Criminal prosecution, 018(5), 619(6). 
Debt of the United States, 622(4). 
Debts, payment of, 613(10). 
Defense, 611(8). 
Delaware, 608(2), 621 n2. 
Departments, 614(2). 
District of Columbia, 611(8). 
Duties, customs. 611(S), 613(10). 
Duty of tonnage, 613(10). 
Elections, 609(4), 610(5), 613(1). 
Electors, 613(1), 619(12). 
Emancipation, 621(1). 
Emolument from foreign powers, 610(7). 
Enemies, 616(3). 
Equality before law, 621(1). 
Executive departments, 614(2). 
Executive legislation, 611(8). 
Executive power, 613(1). 
Excises, 611(8), 613(10). 
Export. 612(9), 613(10). 
Eo' post facto laws, 612(9), 613(10). 
Felony, 610(6), 611(8). 
Finance, 611(8), 612(9). 
Pines, 619(8). 
Florida, 621 n2. 
Foreign Powers, 613(10). 
Foreigners, 619(11). 
Forfeiture, 616(3). 
Form of government, 617(4). 
Formation of new States, 616(3). 
Forts, 611(8). 
Freedom of speech, 618(1). 
Fugitives, 616(2). 
Georgia, 608(2), 621 n3. 
Gold and silver coin, 613(10). 
Government, form of, 617(4). 
Grand jury, 618(5). 
Guarantee against domestic violence, 

617(4). 
Habeas corpus, 612(9). 
Hawaii, 621 ni. 



ITnitert States of America — Continued. 

Heads of departments, 614(2). 

House of Representatives, 608(2), 610(5- 

7), 019(12), 021(3). 
Idaho, 621 n2. 
Illinois, 621 M.2. 
Immigration, 613(10). 
Immunities, 610(6), 613(10), 621(1). 
Impeachment, 608(2), 609(3), 614(2), 

615(4), 615(2). 
Imports and exports, 613(10). 
Imposts, 611(8). 
Incomes, 622(16). 
Indian tribes, 611(8). 
Indiana, 621 n2. 
Indictment, 618(5). 
Insurrection, 611(8), 621(3). 
Invasion, 612(9), 613(10), 617(4). 
Inventors, 611(8). 
Involuntary servitude, 620(1). 
Intoxicating liquors, 623(1). 
Iowa, 621 n2. 
.Tournal of Houses, 610(5). 
Judges, 615(1), 617(6). 
Judiciary: 615(2), 616(1), 617(6), 619 
(11) ; courts, 611(8), 614(2), 615(1). 
Junction of two or more States, 616(3). 
Jurisdiction. 615(2), 616(3). 
Jury trial, 615(2), 619(6), 619(7). 
Kansas, 621 n2. 

Kentucky, 621 n2. 

Law of nations, 611(8). 

Law of the land, 617(6). 

Laws. 611(8), 615(2). 

Legal tender, 613(10). 

Legislation, 611(8), 620(2), 622(5), 622 
(15). 

Legislative powers, 608(1). 

Letters of marque, 611(8). 

Liquors, see Intoxicating liquors. 

Louisiana, 621 n2. 

Magazines, 611(8). 

Maine, 621 tu2. 

Maritime jurisdiction, 615(2). 

Maryland, 607 nl, 608(2), 621 n2. 

Massachusetts, 607 nl, 608(2), 621 nZ. 

Measures, 611(8). 

Michigan, 621 n2. 

Military affairs, 611(8). 

Militia, 611(8), 618(2). 

Minnesota, 621 n2. 

MisdemeHnor, 615(4). 

Mississippi, 621 n2. 

Missouri, 621 n2. 

Money, 611(8), 612(9). 

Montana, 621 nJ2. 

Natural-born citizens, 614(1). 

Naturalization, 611(8), 021(1). 

Naval affairs, 611(8), 615(2). 

Nebraska, 621 tiS. 

Nevada, 621 n2. 

New Hampshire, 608(2), 621 n2. 

New Jersey, 608(2), 621 n2. 

New Mexico. 621 ««. 

New States may be admitted, 616(3). 



677 



United States 



INDEX. 



United States of America — Continued. 
New York, 608(2), 621 n^. 
Nobility, 612(9). 
North Carolina, 608(2), 621 n3. 
North Dakota, 621 n2. 
Oaths, 609(3), 613(1), 617(6). 
Offenses against the law of nations, 

611(8). 
Offenses against the United States, 614 

(2). 
Office under the United States, 610(6), 

612(9). 
Ohio, 621 n2. 
Oklahoma, 621 n2. 
Oregon, 621 n2. 
Overt act, 616(3). 
Pardon, 614(2). 
Patent rights, 611(8). 
Peace, 610(6), 613(10), 618(3). 
Pennsylvania, 607 nl, 608(2), 621 ni. 
Pensions, 622(4). 
Petition, right of, 618(1). 
Philippine Islands, 621 n2. 
Piracies, 611(8). 
Porto Rico, 621 n2. 
Ports, 612(9). 
Post offices, 611(8). 
Post roads, 611(8). 
President, 609(3), 610(7), 613(1), 614 

(2), 615(3), 619(12). 
President of the Senate, 609(3). 
President 2^7-0 tempore, 609(3). 
Press, 618(1). 
Private property, 618(5). 
Prizes, 611(8). 
Process of law, 618(5). 
Property of the United States, 617(3). 
Prosecutions, 619(6). 
Protection of the law, 621(1). 
Public debt, 622(4). 
Public trial, 619(6). 
Punishment, excessive, 619(8). 
Punishment according to law, 609(3). 
Quorum in Congress, 610(5), 620(12). 
Race, 622(15). 

Ratification of amendments, 617(5). 
Ratio of representation, 608(2), 621(2). 
Rebellion, 611(8), 621(3). 
Religion, 617(6), 618(1). 
Representation and direct taxation, 

608(2), 621(2). 
Representatives, 608(1-2), " 609(4), 

610(6-7), 613(1), 617(6), 621(2-3). 
Reprisal, 611(8), 613(10). 
Republican form of government, 617(4). 
Revenue, 610(7), 612(9). 
Rhode Island, 608(2), 621 nS. 
Rules of proceedings, 610(5). 
Science and arts, 611(8). 
Searches and seizures, 618(4). 
Seat of Government, 611(8). 
Security of a free State, 618(2). 
Senate, 609(3), 610(5, 7), 614(2), 

615(3), 617(5). 



United States of America — Continued. 

Senators, 609(3)-610(6), 613(1), 614 
(2), 615(3), 617(5-6). 

Servitude, 620(1), 622(15). 

Ships of war, 61o(10). 

Silver coin, 613(10). 

Sla.very, 620(13), 622(4). 

Soldiers, 618(3). 

South Carolina, 609(2), 621 w3. 

South Dakota, 621 nS. 

Speech, freedom of, 618(1). 

State of the Union, 615(3). 

State legislatures, 617(6). 

States, 608(2), 611(8), 613(10), 616(1)- 
617(4), 617(5), 618(7), 619(10, 12). 

Suffrage in Senate, 617(5). 

Suits at common law, 619(7), 619(11). 

Supreme Court, 611(8), 615(1-2). 

Supreme law, 617(6). 

Taxation, 608(2), 611(8), 612(9), 
622(16). 

Tennessee, 621 n2. 

Territory, 616(3). 

Texas, 621 fi2. 

Tie vote, 609(3). 

Treason, 610(6), 615(4), 616(3). 

Treaties, 613(10), 614(2), 615(2), 617 
(6). 

Trial by jury, 615(2), 619(6), 619(7). 

Tribunals, 611(8). 

Utah, 621 n2. 

Vacancies, 608(2), 609(3), 615(3). 

Vermont, 621 n2. 

Veto, 611(7). 

Vice-President, 609(3), 613(1), 615(4), 
619(12). 

Virginia, 609(2), 621 n2. 

Vote, 609(3), 610(7), 610(5), 609(3), 
614(2), 617(5), 622(15), 623 n2. 

War, 611(8), 613(10). 

Warrants, 618(4). 

Washington, 621 n2. 

Weights and measures, 611(8). 

West Virginia, 621 n2. 

Wisconsin, 621 n2. 

Wyoming, 621 n2. 
Universal Eastern Church (Serbia), 554 

(3). 
Ushitze (Serbia), 564(81). 
Ustav (Serbia), 540 nl, 553(3). 
Utah (U. S. A.), 621 n2. 



Vaduz (Liechtenstein), 375. 

Vakf (Turkey), 603(111). 

Van (Turkey), 598(62). 

Valiahd, 493(37). 

Valjevo (Serbia), 564(81). 

Var, Department of (France), 210(2). 

Vassalage: Austria, 12(7). 

Vatican, 348(5), 349(12). 

Vaucluse, Department of (France), 210(2). 

Vendue, Department of (France), 210(2). 

Venice, Province of, 337 nl. 

Veraguas, 458(14).. 



678 



INDEX. 



Zeydel 



Vcrfassnnci des deiitschen Reichs, see 
Arndt, A. 

Vermont (U. S. A.), 621 n2. 

Versailles, 194 «7, 198 n2. 

Verordnungen (Austria), 22(7). 

Veterinary matters: Germany, 221(15). 
Veto: Brazil, 69(37) ; Cliina, 108(23) ; Costa 
Rica, 146(121) ; United States, 611(7). 

Victor Emmanuel II (Italy), 37. 

Victoria (Great Britain), 241 n2, 259 nl. 

Vienna, Congress of, 391. 

Vienna, Treaty of, 392 ni. 

Vienne, Department of (France), 210(2). 

Vilayets (Turkey), 603(109). 

Vilayos, surrender of Hungarians at, 13 
Aug. 1849, 25. 

Vincent, J. M., and A. S. Vincent, Supple- 
ment to the Annals of the American 
Academy of Political and Social Sci- 
ences, May, 1896 (cited), 44 nl. 

Virginia (U. S. A.), 609(2), 621 n2. 

Voralberg (Austria), 6(8), 14(1), 15(6). 

Vosges, Department of (France), 210(2). 

Veto de gualidade (Brazil), 67(32). 

Vranja (Serbia), 564(81). 

Wages: Egypt, 184(40). 

Waldeck (Germany), 219(1), 221(6), 
224 nJ,. 

Wales, 253(10). 

Walferdange, chateau of, 396(44). 

Walker, William, 431. 

Wallachia, 517. 

War: Austria, 24(5); Brazil, 60(11), 
72(42) ; Bulgaria, 104(161) ; China, 
109(35) ; Costa Rica, 114(15), 
128(76), 137(99); Cuba, 162(12); 
France, 197(9) ; Germany. 223(11) ; 
Greece, 266(32) ; Guatemala, 286(14) ; 
Hondm-as, 321(67), 325(32), 328(12), 
330(114), 352(13), 356 nl; Nicaragua, 
442(18), 447(25) ; Panama, 465(7) ; 
Russia, 5.39(13) ; Serbia, 560(52) ; 
United States, 611(8), 613(10). 

Wars of Independence (Cuba), 163(65). 

Washington (U. S. A.), 621 n2. 



Waterways, sec Canals. 

Waterinf/en (Belgium), 57(113). 

Waterloo, 191(5). 

Weights and measures: Austria, 17(11); 
Brazil, 68(9) ; China, 107(19) ; Costa 
Rica, 130(8); Cuba, 161(59); Ger- 
many, 220(4) ; Guatemala, 286(8) ; 
Honduras, 329(29) : Nicaragua, 

442(17) ; Panama, 466(23) ; Portu- 
gal, 506(10) ; United States, 611(8). 

West Flanders (Belgium), 44(1). 

West Virginia (U. S. A.), 621 n2. 

Westminster, 25(5(1). 

Whipping: Nicaragua, 435(35). 

White's Award of 12 Sept. 1914, 113(5). 

Wied, William of. Prince, 1. 

William III (Luxemburg), 391. 

William and Mary (England), 256(1), 
258, and nS. 

William of Wied, Prince, 1. 

Wisconsin (U. S. A.), 621 n2. 

Women: Nicaragua, 432(9)-433(lo) ; 
United States, 623 n2. 

Wood, Gen. Leonard, Gaceta (Cuba) (cited), 
151 ni. 

Wright, Herbert F. (editor), iii-iv ; (trans- 
lator), 295 n.'i. 

Writers: Bulgaria, 95(79); Greece, 
264(14) ; Roumania, 521(24) ; see also 
Authors. 

Wiirttemberg, 219(1), 221(6), 224 nh 
231 nS. 

Wyoming (U. S. A.), 621 n2. 



Yangtse River, 105. 

Yonne, Department of (France), 210(2). 

Young Turk Party, 590. 

Yuan Shi-Kai, 105. 

Zadrugari (Serbia), 564(84). 
Zajeshar (Serbia), 564(81). 
Zarand (Hungary), 35(4). 
Zemstvo, 544 nl. 
Zeydel, E. H., (translator), 375 nS. 



o 



679 



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